| A Magical Touch
welcomes you to our online store.If you visit or shop within this
website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our
Privacy Notice, which also governs your visit to our website, to
understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit
A Magical Touch 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 this site. 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.
COPYRIGHT
All content
included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and
software, is the property of A Magical Touch or its content suppliers
and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of
Laser Lites East, with copyright authorship for this collection by OurInternet,
and protected by U.S. and international copyright laws. The software
application provider and author for "osCommerce", is used under the GNU
GENERAL PUBLIC LICENSE and all original authorship and credit for
osCommerce remains the intellectual rights of www.oscommerce.com.
TRADEMARKS
A Magical Touch
trademarks and trade dress may not be used in connection with any
product or service that is not A Magical Touch, in any manner that is
likely to cause confusion among customers, or in any manner that
disparages or discredits. All other trademarks not owned
by A Magical Touch 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 A Magical Touch or its subsidiaries.
LICENSE AND
SITE ACCESS
A Magical Touch
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 A Magical Touch.
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 Laser Lites East. 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 Laser Lites East and our associates without express written consent.
You may not use any meta tags or any other ":hidden text": utilizing
A Magical Touch name or trademarks without the express written consent
of A Magical Touch. Any unauthorized use terminates the permission or
license granted by A Magical Touch. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home
page of A Magical Touch so long as the link does not portray
A Magical Touch, its associates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may
not use any A Magical Touch logos or other proprietary graphic or
trademark as part of the link without express written permission.
YOUR MEMBERSHIP
ACCOUNT
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. A Magical Touch and its
associates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
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. A Magical Touch
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
Laser Lites East and its associates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub-license 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 Laser Lites East and its associates and sublicensees 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 A Magical Touch or its associates for all
claims resulting from content you supply. A Magical Touch has the right
but not the obligation to monitor and edit or remove any activity or
content. A Magical Touch takes no responsibility and assumes no
liability for any content posted by you or any third party.
RISK OF LOSS
All items
purchased from A Magical Touch are made pursuant to a shipment
contract. This basically means that the risk of loss and title for such
items pass to you upon our delivery to the carrier.
PRODUCT
DESCRIPTIONS
A Magical Touch 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 A Magical Touch itself is
not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS
PROVIDED BY A Magical Touch ON AN ":AS IS": AND ":AS AVAILABLE":
BASIS. Laser Lites East 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. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, A Magical Touch DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A Magical Touch
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT
FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE 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,
AND 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.
APPLICABLE LAW
By visiting A Magical Touch, you agree that the laws of the state of Virginia, 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
Laser Lites East
DISPUTES
Any dispute
relating in any way to your visit to A Magical Touch or to products you
purchase through our web site or at shows shall be submitted to
confidential arbitration in Virginia, except that, to the extent you
have in any manner violated or threatened to violate us intellectual
property rights, we may seek injunctive or other appropriate relief in
any state or federal court in the state of Virginia, 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.
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 A Magical Touch. 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.
QUESTIONS:
Questions regarding our
Conditions of Usage, Privacy Policy, or other policy related material
can be directed to our support staff by clicking on the "Contact Us"
link in the side menu. Or you can email us at: info@amagicaltouch.com |