TERMS AND CONDITIONS OF USE
Last Updated: August 2024
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and MG Touch Of Magic, LLC (“Company,” “we,” or “us”). Together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, these Terms govern your use of the website MGTouchOfMagic.com (“Website”), including all materials, resources, information, and services provided on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website. By accessing or using the Website, you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
CONTACT INFORMATION
For any questions about these Terms, please contact us at hello@MGTouchOfMagic.com or call us at (401) 400-2516.
PRIVACY POLICY
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources available for download are subject to change. The Company makes no representation or warranty that the information provided is accurate, complete, reliable, current, or error-free regardless of its source. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.
The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
ACCOUNT CREATION AND SECURITY
To use the Website or make a purchase on the Website, you may be required to provide information about yourself, including your name, email address, username, password, and other personal information. As a condition of your use of the Website and any resources downloaded from the Website, you agree that any registration information you give to the Company will always be accurate, complete, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose.
You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take concerning your information consistent with our Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
REFUSAL OF SERVICE
The products and services available on the Website are offered subject to our acceptance of your order or request. We reserve the right to refuse service to any order, person, or entity, without cause or explanation. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details about product delivery. If you do not receive an email order confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products and services are final, and no refunds will be provided. Physical items can only be returned if faulty or damaged. Refunds for physical products will only be processed upon receipt and inspection of the returned item. If you are entitled to a refund, the Company will issue a prompt instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
Upon receiving a refund for any purchase under these Terms, all licenses granted to you to use the materials provided will immediately terminate. You must cease using the materials and destroy all copies in your possession, including, but not limited to, video recordings, audio recordings, forms, templates, slide shows, membership areas, social media groups limited to paying members, and other resources.
SPECIFIC TERMS FOR SERVICES
Development Services
If you engage our development services, a separate contract may be provided outlining the scope of work, timelines, deliverables, and payment terms. The Company is not responsible for delays caused by factors outside our control. Changes to the scope of work may incur additional charges.
Freelance Services
Freelance agreements will be based on the specific project terms discussed with the client. Payment terms will be outlined, and a deposit may be required. Any work completed remains the property of the Company until full payment is received.
Travel Services
The Company may offer travel-related services, which are subject to availability and confirmation. You acknowledge that travel involves risks and agree to release the Company from any claims related to travel disruptions or cancellations.
Blogging and Podcasting
All content created for blogs and podcasts is owned by MG Touch Of Magic, LLC. You may not reproduce, distribute, or use such content without explicit written permission. User comments or feedback on these platforms may be used in promotional materials, while respecting your privacy rights.
PRODUCT DESCRIPTIONS
We strive to describe and display the products and services offered on the Website as accurately as possible. However, we do not guarantee that the descriptions, prices, or other content on the Website are error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
USE OF FREE DOWNLOADABLE CONTENT
The Company may offer resources on this Website in exchange for providing an email address (“Gated Content”). You are granted a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content may only be used by you for your personal or internal business use and may not be sold or redistributed without the Company’s express written consent.
By downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content. You shall not offer any competing products or services based upon any information contained in the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you grant the Company, our affiliated companies, and any necessary sub-licensees a worldwide, non-exclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
We claim no intellectual property rights over the Submissions you supply to the Company. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input, or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, other proprietary rights, or any other harm resulting from such a Submission.
For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein, including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of any claims, infringement of copyright or other proprietary rights, or any other harm resulting from your use of or submission of any Submissions to the Website.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
The Company owns the name, likeness, and service marks for MG Touch Of Magic, LLC, including its logo. You may not use any of our intellectual property, including names, trademarks, and service marks, without express written consent.
All original materials provided by the Company, including those offered on the Website, are owned by the Company. You are granted a single-use, revocable license to download, print, and use the materials for personal use only. You may not share, copy, redistribute, or otherwise transfer any of the materials provided to you under this Agreement.
THIRD-PARTY RESOURCES
The Website may contain links to third-party websites and resources. These links are provided for your convenience only. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
LIMITATION OF LIABILITY
You agree that under no circumstances shall the Company or its employees be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of the Website. The Company is not liable for any loss or damage whatsoever resulting from any communications, interactions, or meetings with other users of the Website or persons you meet through the Website. The Company is not liable for any injury, loss, or damage caused by omissions, negligence, or carelessness by the Company, its agents, or employees, or for any third-party damages that may occur as a result of your participation in a Company program, product, or service.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors from any claims, liability, loss, damage, or expenses, including attorney’s fees and costs, arising out of your breach of these Terms, your use of the Website or any services offered on the Website, or your Submissions to the Website.
GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Rhode Island, without giving effect to any principles of conflicts of law. You agree to submit to the personal jurisdiction of the courts located in Rhode Island for any actions arising out of or relating to these Terms, your use of the Website, or your purchase of any products or services.
ARBITRATION
Any controversy or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s award shall be binding, and judgment on the award may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Rhode Island and governed by the laws of the State of Rhode Island. Each party shall bear its own costs in the arbitration proceeding.
ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, Disclaimer, and any other legal notices published by the Company on the Website, constitute the entire agreement between you and the Company concerning the Website and your use of it. They supersede any prior agreements, communications, and proposals, whether oral or written, between you and the Company.
WAIVER
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. The invalid or unenforceable provisions shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
ASSIGNMENT
You may not assign or transfer these Terms or any rights or obligations under these Terms, in whole or in part, without our prior written consent. The Company may assign these Terms, including any rights or obligations hereunder, at any time without notice, and these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
FORCE MAJEURE
The Company will not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond the Company’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.
CHANGES TO TERMS
The Company reserves the right to modify, amend, or update these Terms at any time. Any changes will be effective immediately upon being posted on the Website with an updated effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically to stay informed about any updates.
By using the Website, you acknowledge that you have read these Terms and agree to be bound by them. Thank you for being a valued user of MG Touch Of Magic, LLC!
