Terms & Conditions of Use
Welcome to MagicWall.ca! MagicWall provides their services to you subject to the following conditions. If you visit or shop in MagicWall, you are agreeing to comply with and be bound by the following terms and conditions and other applicable law. Please read them carefully before using this website and check them periodically for changes.
If you do not agree to these terms and conditions, please do not use this website and you should not review information or obtain goods, services or products from this site.
YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR WEBSITE.
All content included on MagicWall, such as text, graphics, design, logos, icons, images, organization and other matters related to the MagicWall, is the property of MagicWall, and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MagicWall, with copyright authorship for this collection by MagicWall, and protected by international copyright laws.
The copying, redistribution, use or publication by you of any such matters or any part of MagicWall, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through MagicWall. The posting of information or materials on MagicWall does not constitute a waiver of any right in such information and materials.
MAGICWALLs trademarks and trade dress may not be used in connection with any product or service that is not MAGICWALLs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MagicWall. All other trademarks not owned by MagicWall 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 MagicWall or its subsidiaries.
LICENSE AND SITE ACCESS
MagicWall 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 MagicWall. 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 MagicWall. 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 M MagicWall and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing MAGICWALLs name or trademarks without the express written consent of MagicWall. Any unauthorized use terminates the permission or license granted by MagicWall. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MagicWall so long as the link does not portray MagicWall, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MagicWall logo or other proprietary graphic or trademark as part of the link without express written permission.
RIGHT TO USE
Your right to use on MagicWall is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.
When you visit MAGICWALL 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 MagicWall.ca. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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. MAGICWALL reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
VERIFY MEMBERS' INFORMATION
MagicWall reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from MagicWall.
EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit or delete any texts, information or other content appearing on MagicWall, including this Agreement, without further notice to users of MagicWall.
In order to keep the MagicWall membership roster current, if a Member does not access his or her account for a period of thirty days or more, MagicWall may, in its sole discretion, terminate such Member's account. MagicWall will endeavour to notify Member of MagicWall intent to terminate such Member's account by notice to such Member's provided email address at least seven days prior to deactivation. If the Member fails to respond to such email notice with seven days after the day it is sent by MagicWall, such Member's account will be terminated as noted above. Therefore, MagicWall strongly recommends that all Members keep their accounts and contact data current and in use. While MagicWall desires to prevent active accounts from being terminated prematurely, MagicWall has no obligation to maintain accounts that appear to MagicWall to have been abandoned. Each Member agrees that failure to access his or her account for thirty days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
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. MagicWall 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 MAGICWALL and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable 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 MagicWall and its associates and sublicenses 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 MagicWall or its associates for all claims resulting from content you supply. MagicWall has the right but not the obligation to monitor and edit or remove any activity or content. MagicWall takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from MagicWall are made pursuant to a shipment contract. This basically means that the risk of loss for such items pass to you upon our delivery to the carrier.
MagicWall is attempting to be as accurate as possible. However, MagicWall does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MagicWall itself is not as described, your sole remedy is to return it in unused condition.
You represent and warrant that if you are purchasing something from us or from our Merchants that (1) any credit card information you supply is true, correct and complete, (2) charges incurred by you will be honoured by your credit card company, and (3) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
By becoming a member, you confirm that the information you provided to us is true and that you agree to abide by the Terms and Conditions of use of MagicWall. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by MagicWall in its sole discretion. If membership has been revoked, MagicWall reserves the right to refuse application or readmission to the membership program.
THIRD PARTIES’ LINKS
In an attempt to provide increased value to our visitors, MagicWall may contain links to third parties. However, even if the third party is affiliated with MagicWall, MagicWall has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices. These linked websites are only for your convenience and therefore you access them at your own risk. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
By visiting MagicWall, you agree that the laws of Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MagicWall.
This site is created and controlled by MagicWall, in Ontario, Canada. As such, the laws of Ontario will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Any dispute relating in any way to your visit to MagicWall or to products you purchase through MagicWall shall be submitted to confidential arbitration in Ontario, Canada, except that, to the extent you have in any manner violated or threatened to violate MAGICWALLs intellectual property rights, MagicWall may seek injunctive or other appropriate relief in any state or federal court in Ontario, Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to MagicWall.ca. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
ALL RIGHTS RESERVED.