Terms of Service

The following terms and conditions govern all use of the getonmagic.com website (the "Web") and Magic mobile application (the "App") (taken together as the "Service").

Please read this agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, please do not use the Service.

Basic Terms

  1. You must be at least 13 years old to use the Service.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other such content via the Service.
  3. You are responsible for any activity that occurs through your account such as pictures or comments.
  4. You agree that you will not solicit, collect or use the login credentials of other Magic users.
  5. You must not create or submit unwanted forms of commercial or harassing communications (a.k.a. "spam") to the Service.

If you find accounts, comments or pictures that you believe violates our terms of service, please let us know at hello@getonmagic.com

 

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Magic account by sending us an email at hello@getonmagic.com from the email address associated with your Magic account. If we terminate your access to the Service or you use the method detailed above to deactivate your account, your loyalty, and all other data will no longer be accessible through your account.
  2. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  3. We reserve the right to force forfeiture of any account for any reason.
  4. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  5. Magic does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to the Service a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here https://www.getonmagic.com/privacy.
  6. You agree that you are responsible for all data charges you incur through use of the Service.
  7. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles, restaurants, menus, comments and photos. Except as may be the result of standard search engine protocols or technologies used by a search engine with Magic’s express consent.

 

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using the Service within the designated notice period. Your continued use of the Service will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Magic may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Magic account, you may simply discontinue using the App and Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Translation

These Terms of Service were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Disclaimer of Warranties

The Service is provided “as is”. Magic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Magic nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and App at your own discretion and risk.

Limitation of Liability

In no event will Magic, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Magic under this agreement during the twelve (12) month period prior to the cause of action. Magic shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

Last update : June 25, 2016