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TERMS OF USE THE
TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE
ON THE WORLD WIDE WEB (THE "SITE") OF MAGICFILE.DL.AM, AND ARE
LEGALLY BINDING ON YOU. IF YOU DO NOT
AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY
INFORMATION CONTAINED ON THE SITE. YOUR
USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE
TERMS SET FORTH BELOW.
General
Use Restrictions
All
information, documents, products and services provided on this Site,
including logos, graphics and images (the "Materials") are provided
to you by MagicFile.
MagicFile
grants you the limited right to display the Materials only on your personal
computer, and to copy and download the Materials on this Site, provided
that: (1) both the MagicFile copyright notice (set forth below) and this
permission notice appear in the Materials so displayed, copied or downloaded;
(2) such display, copy or download is solely for your personal or internal
informational use (that is, not distributed or otherwise transmitted
outside of your home or company, or otherwise broadcast in any media)and; (3)
the ability to download and use certain Materials is subject to additional terms
and restrictions. You acknowledge and
agree that you have no right to modify, edit, alter or enhance any of the
Materials in any manner. This limited
license terminates automatically, without notice to you, if you breach any of
these Terms. Upon termination of this
limited license, you agree to immediately destroy any downloaded and/or printed
Materials.
You
acknowledge that, except as expressly stated herein, you have no right, title or
interest in or to the Materials.
Third
Party Content
Certain
information and content may be provided by third parties to MagicFile (“Third
Party Content”). The Third Party Content is, in each case, the copyrighted work
of the creator/licensor. You agree to
only display the Third Party Content on your personal computer solely for your
personal or internal business use. You
acknowledge and agree that you have no right to download, cache, reproduce,
modify, display (except as set forth in this paragraph), edit, alter or enhance
any of the Third Party Content in any manner.
MagicFile DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.
No
Framing
You
agree not to “frame” or “mirror” any Materials or Third Party Content contained
on or accessible from this Site on any other server or Internet-based device
without the advance written authorization of MagicFile or its licensors,
respectively.
Links
to Third Party Sites
This
Site may be linked to other sites on the World Wide Web or Internet that are not
under the control of or maintained by MagicFile. Such links do not constitute an endorsement
by MagicFile of those sites. You acknowledge that MagicFile is providing
these links to you only as a convenience, and further agree that MagicFile is
not responsible for the content of such sites.
Your use of other sites is subject to the terms of use and privacy
policies located on the linked sites. Disclaimer
of Warranty
You
acknowledge and agree that this Site may include certain errors, omissions,
outdated information which may affect the quality of the Materials and the Third
Party Content. You acknowledge that
neither the Materials nor the Third Party Content have been independently
verified or authenticated in whole or in part by MagicFile, and agree that
MagicFile does not warrant the accuracy or timeliness of the Materials or the
Third Party Content, and further agree that MagicFile has no liability for
any errors or omissions in the Materials and the Third Party Content, whether
provided by MagicFile or its licensors.
MagicFile,
FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR
GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION
THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO
THE SITE. UNLESS OTHERWISE EXPLICITLY
STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY
INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS"
AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation
of Liability
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MagicFile SHALL NOT BE LIABLE
TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A
RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL
CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL
MagicFile BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF MagicFile
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additional
Rights
Certain
jurisdictions do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, so the exclusions set forth
above may not apply to you.
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