Terms of Use
Welcome to the MagicPedic.com website (the “Website” or “MagicPedic.com”). The Website is designed to provide information about health, wellness and sustainability, to sell products, and to create a community of like-minded people interested in the topics we discuss (the “Service”). The Website is owned by Magic Pedic (“Magic Pedic/MagicPedic.com”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms. This Terms and
Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms
for your use of the Website. By using our Website, you agree to be bound by
this Agreement, whether you are a "Visitor" (which means that you
simply browse one or more of our Websites) or you are a "Member"
(which means that you have registered or purchased products on one of our
Websites). If you do not accept the terms of this Agreement, you should leave
our Website and discontinue use of the Service immediately. We may modify this
Agreement from time to time, and such modification shall be effective upon its
posting on any of our Websites. You agree to be bound by any modification to
this Agreement when you use any of our Websites after any such modification is
posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements. In
consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the registration form available on our Website
(the "Registration Data") and (b) maintain and promptly update your
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Magic Pedic/MagicPedic.com reserves the
right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). Use of the Service and
membership on our Website is void where prohibited.
3. Minors. Due to the nature of the
internet, we cannot prohibit minors from visiting our Website. However, all
users who register with any of our Websites must be 18 years of age or older.
4. Member Account, Password and Security.
If you register on one of our Websites, you will be required to choose a
password and user name, and you may be asked for additional information
regarding your account, such as your e-mail address. You are responsible
for maintaining the confidentiality of the password and account information,
and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately contact us of any unauthorized use of
your password or account or any other breach of security, and (b) ensure that
you log out from your account at the end of each session. Magic Pedic/MagicPedic.com
will not be liable for any loss or damage arising from your failure to comply
with this paragraph.
5. Prohibited Conduct. You agree not to use
the Service to post or otherwise transmit information, data, text, software,
music, sound, photographs, graphics, video, messages, tags, or other materials
("Content") that:
• is patently offensive and/or promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
• harasses or advocates harassment of
another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive
subject matter;
• solicits personal information from
anyone under the age of eighteen (18);
• provides any telephone numbers, street
addresses, last names or email addresses of anyone other than your own;
• promotes information that you know is
false or misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
• violates any intellectual property or
other proprietary right of any third party, including Content that promotes an
illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacturer-installed copy-protected devices, or providing pirated
music or links to pirated music files;
• involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailings, instant
messaging, "spimming," or "spamming";
• contains restricted or password only
access pages or hidden pages or images (those not linked to or from another
accessible page);
• furthers or promotes any criminal
activity or enterprise or provides instructional information about illegal
activities including, but not limited to making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal
identifiable information for commercial or unlawful purposes from other
Members;
• involves commercial activities and/or
sales without our prior written consent, such as contests, sweepstakes,
bartering, advertising, or pyramid schemes;
• includes a photograph of another
person that you have posted without that person's consent or in the case of
children under the age of eighteen (18), parental consent, or otherwise
constitutes an invasion of an individual’s privacy or infringement of publicity
rights; or
• contains a virus or other harmful
component.
6. Responsibility for Content. You, and not
Magic Pedic/MagicPedic.com, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service. Magic
Pedic/MagicPedic.com does not control the Content posted via the Service and,
as such, we do not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to
Content that you deem offensive, indecent or objectionable. Under no circumstances
will Magic Pedic/MagicPedic.com be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Service.
7. Rejection/Removal of Content. You
acknowledge that Magic Pedic/MagicPedic.com may or may not pre-screen Content
posted on our Website, but that Magic Pedic/MagicPedic.com shall have the right
(but not the obligation) in its sole discretion to pre-screen, edit, refuse, or
remove any Content or portion thereof that is available via the Service, in its
sole discretion, for any reason. Without limiting the foregoing, Magic Pedic/MagicPedic.com
shall have the right to remove from our Website any Content that violates this
Agreement or is otherwise objectionable in the sole discretion of Magic Pedic/MagicPedic.com,
or to restrict, suspend, or terminate your access to all or any part of the
Service at any time, for any or no reason, with or without prior notice, and
without liability. If you become aware of misuse of the Service by any person,
please contact Magic Pedic/MagicPedic.com.
8. Preservation/Disclosure. You
acknowledge, consent and agree that Magic Pedic/MagicPedic.com may access,
preserve and disclose your account information and Content if required to do so
by law or in a good faith belief that such access, preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to claims that any Content violates the rights of third
parties; (d) respond to your requests for customer service; or (e) protect the
rights, property or personal safety of Magic Pedic/MagicPedic.com, its Members
and the public. Under no other circumstances will Magic Pedic/MagicPedic.com
intentionally disclose your account information to any third party.
9. Security Components. You understand that
our Website and software embodied within our Website may include security
components that permit digital materials to be protected, and that use of these
materials is subject to usage rules set by Magic Pedic/MagicPedic.com and/or
content providers who provide content to Magic Pedic/MagicPedic.com. You
may not attempt to override or circumvent any such security components and
usage rules embedded into our Website.
10. Non-commercial Use. The Service may not be used in
connection with any commercial purposes, except as specifically approved by Magic
Pedic/MagicPedic.com. Unauthorized framing of or linking to any of our Website
is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation
may be removed from Member profiles and Content without notice and may result
in termination of membership privileges.
11. License to Your Content. By posting, displaying,
publishing, transmitting, or otherwise making available (individually and
collectively, "posting") any Content on or through our Website or the
Service, you hereby grant to Magic Pedic/MagicPedic.com a non-exclusive,
fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the
right to sublicense through unlimited levels of sub licensees) to use, copy,
modify, adapt, translate, create derivative works, publicly perform, publicly
display, store, reproduce, transmit, distribute, and otherwise make available
such Content on and through our Website, in print, or in any other format or
media now known or hereafter invented, without notification, compensation, or
attribution to you, and without your consent. If you wish to remove any
Content from the Service, your ability to do so may depend on the type of
Content, the location and manner of posting, and other factors. You may
contact us to request the removal of certain Content you have posted, but Magic
Pedic/MagicPedic.com has no obligation to remove any such Content, may choose
whether or not to do so in its sole discretion, and makes no guarantee as to
the complete deletion of any such Content and copies
thereof. Notwithstanding the foregoing, a back-up or residual copy of any
Content posted by you may remain on Magic Pedic/MagicPedic.com's servers after
the Content appears to have been removed from our Website, and Magic Pedic/MagicPedic.com
retains the rights to all such remaining copies. You represent and warrant
that: (i) you own all right, title and interest in all Content posted by you on
or through our Website or the Service, or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your Content on or
through our Website or Service does not violate the privacy rights, publicity
rights, copyrights, trademarks, patents, trade secrets, contract rights,
confidentiality, or any other rights of any third party.
12. Magic Pedic/MagicPedic.com and Third Party Content. Our Website contains Content of Magic Pedic/MagicPedic.com ("Magic Pedic/MagicPedic.com Content"), and Content of third party licensors to Magic Pedic/MagicPedic.com (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Magic Pedic/MagicPedic.com owns and retains all rights, title and interest in the Magic Pedic/MagicPedic.com Content. Magic Pedic/MagicPedic.com hereby grants to you a limited, revocable, non-sub licensable license to reproduce and display a single copy of the Magic Pedic/MagicPedic.com Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through our Website or Service.
13. Other Sites. Our Website may contain links to
other sites owned by third parties (i.e. advertisers, affiliate partners,
strategic partners, or others). We are not responsible for examining or
evaluating, and we do not warrant the products or offerings of, any of these
businesses or individuals, or the accuracy of the content of their
website. Magic Pedic/MagicPedic.com does not assume any responsibility or
liability for the actions, product, and content of any such
website. Before you use any third party website, you should review the
applicable terms of use and policies for such website. The inclusion of a
link in any of our Website does not imply Magic Pedic/MagicPedic.com’s
endorsement of such third party website. If you decide to access any such
linked website, you do so at your own risk.
14. International Use. Due to the global nature of the
Internet, you agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or
the country in which you reside.
15. Privacy Policy. Magic Pedic/MagicPedic.com respects
your privacy and permits you to control certain aspects of the treatment of
your personal information as set forth in our Privacy Policy. A complete
statement of our current privacy policy can be found in our “Privacy Policy”.
The Privacy Policy is expressly incorporated into this Agreement by this
reference.
16. Copyright Policy. Magic Pedic/MagicPedic.com has in
place certain legally mandated procedures regarding allegations of copyright
infringement occurring on our Website or with the Service. Magic Pedic/MagicPedic.com
reserves the right in its sole discretion to immediately suspend and/or
terminate access to the Service or our Website by any user who is alleged
to have infringed on the intellectual property rights of Magic Pedic/MagicPedic.com
or of a third party, or otherwise violated any intellectual property laws or
regulations. Magic Pedic/MagicPedic.com’s policy is to investigate any
allegations of copyright infringement brought to its attention. If you have evidence,
know, or have a good faith belief that your rights or the rights of a third
party have been violated and you want Magic Pedic/MagicPedic.com to delete,
edit, or disable the material in question, you must provide Magic Pedic/MagicPedic.com
with all of the following information: (a) a physical or electronic signature
of a person authorized to act on behalf of the owner of the exclusive right
that is allegedly infringed; (b) identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works are covered by a
single notification, a representative list of such works; (c) identification of
the material that is claimed to be infringed or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit Magic Pedic/MagicPedic.com to
locate the material; (d) information reasonably sufficient to permit Magic
Pedic/MagicPedic.com to contact you, such as an address, telephone number, and
if available, an electronic mail address at which you may be contacted; (e) a
statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and (f) a statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. For this
notification to be effective, you must provide it to Magic Pedic/MagicPedic.com
either by email, or by U.S. mail to our designated agent for notification of
infringement.
17. Member Disputes. You are solely responsible for
your interactions with other Members. Magic Pedic/MagicPedic.com reserves the
right, but has no obligation, to monitor disputes between you and other
Members.
18. Term and Termination. This Agreement shall remain
in full force and effect for so long as it is posted on any of our Website. You
may terminate your membership at any time, for any reason, by following the
instructions on the Profile page. Magic Pedic/MagicPedic.com reserves the right
to terminate your account or your access to our Website immediately, with or without
notice to you, and without liability to you, if Magic Pedic/MagicPedic.com
believes that you have breached any of the terms of this Agreement, furnished Magic
Pedic/MagicPedic.com with false or misleading information, or interfered with
use of the Website or the Service by others. The terms of Sections 8, 11, 12,
and 18 - 29 shall survive termination of this Agreement and your use of the
Service.
19. Disclaimer of Warranties. You expressly understand
and agree that:
Your use of the Website and the Service is at your sole risk. The Website and the Service are provided on an "as is" and "as available" basis. Magic Pedic/MagicPedic.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the website, and any third party website with which they are linked.
Magic Pedic/MagicPedic.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Website or the Service will meet your requirements; (ii) the Website or Service will be uninterrupted, timely, secure, error-free, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (iii) the results that may be obtained from the use of the Website or Service will be accurate or reliable; and (iv) the quality of any Content, products, services, information or other material purchased or obtained by you through the Website or Service will meet your expectations. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
Any material downloaded or otherwise obtained through the use of our Website or the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
20. Limitation on Liability. To the fullest extent
permitted by applicable laws, in no event WILL Magic Pedic/MagicPedic.com, ITS
AFFILIATES, SUBSIDIARIES, employees, agents, suppliers, OR contractors be
liable to you or any third party for any indirect, consequential, exemplary,
incidental, special or punitive damages, including lost profit damages arising
from or in connection with the use of the SERVICE, THE Website or any website
with which THEY ARE linked, even if Magic Pedic/MagicPedic.com has been advised
of the possibility of such damages. Notwithstanding anything to the contrary
contained herein, Magic Pedic/MagicPedic.com's liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to Magic Pedic/MagicPedic.com for
the Services.
21. Exclusions and Limitations. Some jurisdictions do
not allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, in certain
jurisdictions, some of the above limitations of liability may not apply to you;
all other provisions of this Agreement remain in full force and effect.
22. Indemnity. You agree to indemnify, defend, and hold
harmless Magic Pedic/MagicPedic.com, its affiliates, subsidiaries, officers,
directors, employees, consultants, agents, and representatives from any and all
third party claims, losses, liability, damages, and/or costs (including
reasonable attorney fees and costs) arising from your breach of the terms of
this Agreement, or your infringement, or infringement by any other user of your
account, of any intellectual property or other right of any person or entity. Magic
Pedic/MagicPedic.com will notify you promptly of any such claim, loss,
liability, or demand, and will provide you with reasonable assistance, at your
expense, in defending any such claim, loss, liability, damage, or cost.
23. Additional Terms. We may also require you to
follow additional rules, guidelines or other conditions (“Additional Terms”) in
order to participate in certain promotions or activities available through our
Website, to obtain certain premium Content through our Website, or for other
reasons. In addition, certain Additional Terms will govern any purchases
you make through the online stores located on our various Websites. These
Additional Terms will be posted on the relevant portions of our Websites or on
the portions of our Websites that describe the specific promotions, Content, or
activities. These Additional Terms are part of this Agreement, and you agree to
comply with them when you participate in those promotions, purchase items
from our online stores, or otherwise engage in activities governed by such
Additional Terms.
24. Modification and Discontinuation. We reserve
the right at any time to modify, edit, delete, suspend or discontinue,
temporarily or permanently the Service or any of our Websites (or any portion
thereof) with or without notice. You agree that we will not be liable to you or
to any third party for any such modification, editing, deletion, suspension or
discontinuance of the Service or our Websites.
25. Entire Agreement. This Agreement, together with any
other terms or policies referenced herein (including without limitation the
Privacy Policy and Additional Terms), constitutes the entire agreement between
you and Magic Pedic/MagicPedic.com and governs your use of the Website and
Service, superseding any prior agreements between you and Magic Pedic/MagicPedic.com
with respect to the Website and Service.
26. Choice of Law and Forum. This Agreement and the
relationship between you and Magic Pedic/MagicPedic.com shall be governed by
the laws of the State of California without regard to its conflict of law
provisions. You and Magic Pedic/MagicPedic.com agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
Riverside, California.
27. Waiver and Severability of Terms. The failure of Magic
Pedic/MagicPedic.com to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect.
28. Statute of Limitations. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Website, the Service or this Agreement must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
29. Questions. If you have any questions regarding
this Agreement, please contact us by email, or by mail at 66311 Two Bunch Palms
Trail, # 961, Desert Hot Springs, CA, 92240
MagicPedic.com is managed by a third-party platform called Shopify.com (Jaded
Pixel). Please refer to their Terms of Use for more information. Their Terms of
Use also govern this website where applicable.
These terms of use were last updated on April 8, 2011.
