Last updated June 01, 2024
We are MAGIKAL LIMITED ('Company', 'we', 'us', or 'our'), a company registered in Hong Kong at
We operate the website https://www.magikal.app (the 'Site'), the mobile application Magikal (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services')
You can contact us by email or by mail to Hong Kong.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and MAGIKAL LIMITED, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non- commercial use or internal business purpose only.
Your use of our Services
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites
When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels
This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept the following forms of payment:
- PayPal
- Stripe
- CCBill
- Paystack
- CoinPayments
- Mercado Pago
- Mollie
- Razorpay
- Flutterwave
- NowPayments
- Coinbase
- Cardinity
- Bank Transfer
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping
fees, and you authorise us to charge your chosen payment provider for any such amounts upon
placing
your order. We reserve the right to correct any errors or mistakes in pricing, even if we have
already
requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole
discretion,
limit or cancel quantities purchased per person, per household, or per order. These restrictions
may
include orders placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to limit or prohibit
orders
that, in our sole judgement, appear to be placed by dealers, resellers, or distributors
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to our
charging
your payment method on a recurring basis without requiring your prior approval for each
recurring
charge, until such time as you cancel the applicable order. The length of your billing cycle is
monthly.
Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation
will take
effect at the end of the current paid term. If you have any questions or are unsatisfied with
our
Services, please email us.Cancellation
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price
changes to you in accordance with applicable law.
All sales are final and no refund will be issued.
You may not access or use the Services for any purpose other than that for which we make the
Services
available. The Services may not be used in connection with any commercial endeavours except
those
that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile, directly
or
indirectly, a collection, compilation, database, or directory without written permission from
us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account
information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services,
including
features that prevent or restrict the use or copying of any Content or enforce limitations on
the use
of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another
person.
• Make improper use of our support services or submit false reports of abuse or
misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that
interferes with any party's uninterrupted use and enjoyment of the Services or modifies,
impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of
the
Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages,
or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
•Attempt to bypass any measures of the Services designed to prevent or restrict access to the
Services,
or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or
other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any
of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat
utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorised script
or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email
addresses
of users by electronic or other means for the purpose of sending unsolicited email, or creating
user
accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or
the
Content for any revenue-generating endeavour or commercial enterprise. • Make unauthorised
copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any
derivative
works of the Services or any content included therein, including any files, tables or
documentation (or
any portion thereof) or determine or attempt to determine any source code, algorithms, methods
or
techniques embodied by the Services or any derivative works thereof.
• Attempt to interfere with or disrupt the integrity or security of the platform.
• Use automated scripts to collect information from or otherwise interact with the
Services.
• Use the Services, without our express written consent, for any commercial or unauthorized
purpose,
including communicating or facilitating any commercial advertisement or solicitation or
spamming.
Uploading content that infringes on someone else's copyright without permission, including
music,
videos, and other forms of copyrighted media. Impersonate any person or entity, or falsely state
or
otherwise misrepresent you or your affiliation with any person or entity, including giving the
impression that any content you upload, post, transmit, distribute or otherwise make available
emanates from the Services Use the platform to engage in hate speech against individuals or
groups
based on race, sexual orientation, or other protected characteristics.
• Use the account to advertise or sell third-party goods or services, including escort services,
without
Magikal's explicit consent. use the Services to upload, transmit, distribute, store or otherwise
make
available in any way: files that contain viruses, trojans, worms, logic bombs or other material
that is
malicious or technologically harmful; any unsolicited or unauthorised advertising,
solicitations,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
prohibited form of solicitation; any private information of any third party, including
addresses, phone
numbers, email addresses, number and feature in the personal identity document (e.g., National
Insurance numbers, passport numbers) or credit card numbers; any material which does or may
infringe any copyright, trade mark or other intellectual property or privacy rights of any other
person;
any material which is defamatory of any person, obscene, offensive, pornographic, hateful or
inflammatory; any material that would constitute, encourage or provide instructions for a
criminal
offence, dangerous activities or self-harm; any material that is deliberately designed to
provoke or
antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt,
scare, distress,
embarrass or upset people; any material that contains a threat of any kind, including threats of
physical violence; any material that is racist or discriminatory, including discrimination on
the basis of
someone's race, religion, age, gender, disability or sexuality
The Services may invite you to chat, contribute to, or participate in blogs, message boards,
online
forums, and other functionality, and may provide you with the opportunity to create, submit,
post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on
the
Services, including but not limited to text, writings, video, audio, photographs, graphics,
comments,
suggestions, or personal information or other material (collectively, 'Contributions').
Contributions
may be viewable by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary. When you
create
or make available any Contributions, you thereby represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of
any third
party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases,
and
permissions to use and to authorise us, the Services, and other users of the Services to use
your
Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable
individual
person in your Contributions to use the name or likeness of each and every such identifiable
individual
person to enable inclusion and use of your Contributions in any manner contemplated by the
Services
and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials,
pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous,
slanderous,
or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other
person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or
otherwise
intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision
of these
Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result
in,
among other things, termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services or making Contributions accessible to
the
Services by linking your account from the Services to any of your social networking accounts,
you
automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid,
worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt
(in whole or in part), and distribute such Contributions (including, without limitation, your
image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works
of, or
incorporate into other works, such Contributions, and grant and authorise sublicences of the
foregoing. The use and distribution may occur in any media formats and through any media
channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You
waive all moral rights in your Contributions, and you warrant that moral rights have not
otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with
your
Contributions. We are not liable for any statements or representations in your Contributions
provided
by you in any area on the Services. You are solely responsible for your Contributions to the
Services
and you expressly agree to exonerate us from any and all responsibility and to refrain from any
legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any
Contributions; (2) to re-categorise any Contributions to place them in more appropriate
locations on
the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason,
without
notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you
must comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity, or
abusive,
racist, offensive, or hateful language; (3) your reviews should not contain discriminatory
references
based on religion, race, gender, national origin, age, marital status, sexual orientation, or
disability;
(4) your reviews should not contain references to illegal activity; (5) you should not be
affiliated with
competitors if posting negative reviews; (6) you should not make any conclusions as to the
legality of
conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of
any of
our affiliates or partners. We do not assume liability for any review or for any claims,
liabilities, or
losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-
exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence
to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all
content
relating to review.
Use Licence
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable,
limited right to install and use the App on wireless electronic devices owned or controlled by
you, and
to access and use the App on such devices strictly in accordance with the terms and conditions
of this
mobile application licence contained in these Legal Terms. You shall not: (1) except as
permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of,
or
decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation,
or
derivative work from the App; (3) violate any applicable laws, rules, or regulations in
connection with
your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including
any
notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for
any
revenue- generating endeavour, commercial enterprise, or other purpose for which it is not
designed
or intended; (6) make the App available over a network or other environment permitting access or
use by multiple devices or users at the same time; (7) use the App for creating a product,
service, or
software that is, directly or indirectly, competitive with or in any way a substitute for the
App; (8) use
the App to send automated queries to any website or to send any unsolicited commercial email; or
(9)
use any proprietary information or any of our interfaces or our other intellectual property in
the
design, development, manufacture, licensing, or distribution of any applications, accessories,
or
devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google
Play
(each an 'App Distributor') to access the Services: (1) the licence granted to you for our App
is limited
to a non-transferable licence to use the application on a device that utilises the Apple iOS or
Android
operating systems, as applicable, and in accordance with the usage rules set forth in the
applicable
App Distributor's terms of service; (2) we are responsible for providing any maintenance and
support
services with respect to the App as specified in the terms and conditions of this mobile
application
licence contained in these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance
and
support services with respect to the App; (3) in the event of any failure of the App to conform
to any
applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid for the App,
and to
the maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are
not
located in a country that is subject to a US government embargo, or that has been designated by
the
US government as a 'terrorist supporting' country and (ii) you are not listed on any US
government list
of prohibited or restricted parties; (5) you must comply with applicable third-party terms of
agreement
when using the App, e.g. if you have a VoIP application, then you must not be in violation of
their
wireless data service agreement when using the App; and (6) you acknowledge and agree that the
App
Distributors are third-party beneficiaries of the terms and conditions in this mobile
application licence
contained in these Legal Terms, and that each App Distributor will have the right (and will be
deemed
to have accepted the right) to enforce the terms and conditions in this mobile application
licence
contained in these Legal Terms against you as a third-party beneficiary thereof.
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a 'Third-Party Account') by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third- Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the 'Social Network Content') so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third- Party Account, except the username and profile picture that become associated with your account
The Services may contain (or you may be sent via the Site or App) links to other websites (Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third- Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third- Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third- Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third- Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending
your
account, we reserve the right to take appropriate legal action, including without limitation
pursuing
civil, criminal, and injunctive redress
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and defined following the laws of Hong Kong. MAGIKAL LIMITED and yourself irrevocably consent that the courts of Hong Kong shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Legal
Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us
(individually, a
'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any
Dispute
(except those Disputes expressly provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice from one Party
to
the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question
regarding
its existence, validity, or termination, shall be referred to and finally resolved by the
International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is
considered as
the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place,
or
arbitration shall be Hong Kong, Hong Kong. The language of the proceedings shall be English. The
governing law of these Legal Terms shall be substantive law of Hong Kong.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually.
To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to
utilise class
action procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning
the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim
for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect
to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed
for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952- 5210 or (916) 445-1254
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us