Welcome to The Magic Guild. The Magic Guild and/or its affiliates provide website features and other products and services to you when you visit or shop at The Magic Guild.com, use The Magic Guild products or services, use The Magic Guild applications for mobile, or use software provided by The Magic Guild in connection with any of the foregoing (collectively, "The Magic Guild Services"). The Magic Guild provides the The Magic Guild Services subject to the following conditions.

 

By using The Magic Guild Services, you agree to these conditions. Please read them carefully.

 

We offer a wide range of The Magic Guild Services, and sometimes additional terms may apply. When you use an The Magic Guild Service (for example, Your Profile, Gift Cards, The Magic Guild Instant Video, Your Media Library, or The Magic Guild applications for mobile ) you also will be subject to the guidelines, terms and agreements applicable to that The Magic Guild Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

PRIVACY

Please review our Privacy Notice, which also governs your use of The Magic Guild Services, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

 

When you use any The Magic Guild Service, 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 or through the other The Magic Guild Services. 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 in or made available through any The Magic Guild Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of The Magic Guild or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any The Magic Guild Service is the exclusive property of The Magic Guild and protected by U.S. and international copyright laws.

 

TRADEMARKS

 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any The Magic Guild Service are trademarks or trade dress of The Magic Guild in the U.S. and other countries. The Magic Guild's trademarks and trade dress may not be used in connection with any product or service that is not The Magic Guild's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Magic Guild. All other trademarks not owned by The Magic Guild that appear in any The Magic Guild Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Magic Guild.

 

PATENTS

One or more patents owned by The Magic Guild apply to the The Magic Guild Services and to the features and services accessible via the The Magic Guild Services. Portions of the The Magic Guild Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable The Magic Guild patents and applicable licensed patents .

 

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, The Magic Guild or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the The Magic Guild Services. This license does not include any resale or commercial use of any The Magic Guild Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any The Magic Guild Service 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. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by The Magic Guild or its licensors, suppliers, publishers, rightsholders, or other content providers. No The Magic Guild Service, nor any part of any The Magic Guild Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Magic Guild. 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 The Magic Guild without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Magic Guild's name or trademarks without the express written consent of The Magic Guild. You may not misuse the The Magic Guild Services. You may use the The Magic Guild Services only as permitted by law. The licenses granted by The Magic Guild terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

If you use any The Magic Guild Service, 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. The Magic Guild does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the The Magic Guild Services only with involvement of a parent or guardian. Alcohol listings on The Magic Guild are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. The Magic Guild reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; 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. The Magic Guild 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 The Magic Guild a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 The Magic Guild 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 The Magic Guild for all claims resulting from content you supply. The Magic Guild has the right but not the obligation to monitor and edit or remove any activity or content. The Magic Guild takes no responsibility and assumes no liability for any content posted by you or any third party.

 

COPYRIGHT COMPLAINTS

The Magic Guild respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

 

RISK OF LOSS

All items purchased from The Magic Guild are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND TITLE

The Magic Guild does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, The Magic Guild does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center

 

PRODUCT DESCRIPTIONS

The Magic Guild attempts to be as accurate as possible. However, The Magic Guild does not warrant that product descriptions or other content of any The Magic Guild Service is accurate, complete, reliable, current, or error-free. If a product offered by The Magic Guild itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any The Magic Guild Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.

 

With respect to items sold by The Magic Guild, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by The Magic Guild is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

 

THE MAGIC GUILD SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with The Magic Guild Services (the "The Magic Guild Software").

 

OTHER BUSINESSES

Parties other than The Magic Guild operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. The Magic Guild does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE THE MAGIC GUILD SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THE MAGIC GUILD SERVICES ARE PROVIDED BY THE MAGIC GUILD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE MAGIC GUILD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THE MAGIC GUILD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THE MAGIC GUILD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THE MAGIC GUILD SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAGIC GUILD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MAGIC GUILD DOES NOT WARRANT THAT THE THE MAGIC GUILD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THE MAGIC GUILD SERVICES, THE MAGIC GUILD'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE MAGIC GUILD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MAGIC GUILD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THE MAGIC GUILD SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY THE MAGIC GUILD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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.

 

DISPUTES

Any dispute or claim relating in any way to your use of any The Magic Guild Service, or to any products or services sold or distributed by The Magic Guild or through The Magic Guild.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

 

 

 

APPLICABLE LAW

By using any The Magic Guild Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, 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 The Magic Guild.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of The Magic Guild Services. We reserve the right to make changes to our site, policies, Service Terms, 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.

 

OUR ADDRESS

The Magic Guild

1981 SW McAllister Ln

Port St Lucie, FL 34953

http://www.TheMagicGuild.com

 

How to Serve a Subpoena

If you have a subpoena to serve on The Magic Guild, please note that The Magic Guild does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on The Magic Guild.com, preferably by mailing the subpoena to The Magic Guild. Please find below the Florida address :

The Magic Guild.com, Inc.

1981 SW McAllister Ln

Port St Lucie, FL 34953

Attn: Subpoena Enclosed

 

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.

 

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online contact form . We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

    A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

    A description of the copyrighted work that you claim has been infringed upon;

    A description of where the material that you claim is infringing is located on the site;

    Your address, telephone number, and e-mail address;

    A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Magic Guild's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

The Magic Guild

1981 SW McAllister Ln

Port St Lucie, FL 34953

phone: (772) 879-9445

e-mail: copyright@themagicguild.com

Title: ATT: Copyright Complaint

 

Courier address:

The Magic Guild

1981 SW McAllister Ln

Port St Lucie, FL 34953

ATT: Copyright Complaint

Please note that this procedure is exclusively for notifying The Magic Guild that your copyrighted material has been infringed.

 

Additional The Magic Guild Software Terms

    Use of the The Magic Guild Software. You may use The Magic Guild Software solely for purposes of enabling you to use and enjoy the The Magic Guild Services as provided by The Magic Guild, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the The Magic Guild Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the The Magic Guild Software or otherwise assign any rights to the The Magic Guild Software in whole or in part. You may not use the The Magic Guild Software for any illegal purpose. We may cease providing any The Magic Guild Software and we may terminate your right to use any The Magic Guild Software at any time. Your rights to use the The Magic Guild Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain The Magic Guild Software that are specifically identified in related documentation may apply to that The Magic Guild Software (or software incorporated with the The Magic Guild Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any The Magic Guild Service is the property of The Magic Guild or its software suppliers and protected by United States and international copyright laws.

    Use of Third Party Services. When you use the The Magic Guild Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

    No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the The Magic Guild Software, whether in whole or in part, or create any derivative works from or of the The Magic Guild Software.

    Updates. In order to keep the The Magic Guild Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

    Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the The Magic Guild Software. If you are a U.S. Government end user, we are licensing the The Magic Guild Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the The Magic Guild Software are the same as the rights we grant to all others under these Conditions of Use.