Terms of Service
Effective Date: May 24, 2023
These Terms of Service (“Terms”) govern your access to and use of the website MagicGuides.com (the “Website” or “MagicGuides”), including any content, features, and services provided by MagicGuides (collectively referred to as the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from accessing or using the Service.
Acceptance of Terms
By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms, and in such case, “you” or “your” refers to the organization. If you do not agree to these Terms, you may not access or use the Service.
Use of the Service
You must be at least 13 years old to access or use the Service. If you are accessing or using the Service on behalf of a minor, you represent and warrant that you are the parent or legal guardian of such minor and have the right to agree to these Terms on their behalf.
Subject to these Terms, MagicGuides grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial purposes. You may not use the Service for any illegal or unauthorized purpose. MagicGuides reserves all rights not expressly granted in these Terms.
You agree to use the Service in compliance with all applicable laws, rules, and regulations. When using the Service, you shall not:
- Violate any third-party rights, including intellectual property rights;
- Post, upload, transmit, or distribute any content that is unlawful, harmful, defamatory, abusive, obscene, or otherwise objectionable;
- Engage in any activity that interferes with or disrupts the Service or its servers;
- Use any automated means, including bots, crawlers, or scrapers, to access or interact with the Service other than for the purposes of search engine indexing;
- Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service;
- Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
The Service, including its content, features, and functionality, is owned by MagicGuides and its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly provided in these Terms, MagicGuides reserves all rights in the Service and its content.
License to User Content
By submitting or posting any content on or through the Service, you grant MagicGuides a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service. You represent and warrant that you have all necessary rights and permissions to grant this license.
MagicGuides may suspend or terminate your access to the Service at any time, with or without cause, and without prior notice. Upon termination, all rights granted to you under these Terms will cease.
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. MAGICGUIDES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL MAGICGUIDES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold MagicGuides and its affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to or use of the Service or your violation of these Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Florida. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be exclusively brought in the courts located in this jurisdiction, and you consent to the jurisdiction of such courts.
Changes to the Terms of Service
MagicGuides reserves the right to modify or revise these Terms at any time, and such changes will be effective immediately upon posting. Your continued use of the Service after the posting of any changes constitutes your acceptance of the revised Terms.
If you have any questions or concerns regarding these Terms or the Service, please contact us.