magiclight.net strives to make
your use of the Web Site a useful and enjoyable
experience, and a safe and easy way to purchase
goods over the Internet. Nevertheless, magiclight.net
and its service providers (the "Providers")
do not accept any liability for your use of
the Web Site. For that reason, the following
provisions apply to your use of the Web Site:
DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AND INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY,
ALL OF WHICH ARE HEREBY DISCLAIMED BY MAGICLIGHT.NET
AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED
BY LAW.
YOU (AND NOT MAGICLIGHT.NET
OR THE PROVIDERS) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION
TO ANY COMPUTER OR OTHER EQUIPMENT ARISING
FROM, CONNECTED WITH, OR RELATING TO YOUR
USE OF THE WEB SITE.
THE OPERATION OF THE WEB
SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND
MAGICLIGHT.NET'S CONTROL. THE OPERATION OF
THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED
OR SECURE. SECURITY AND PRIVACY RISKS CANNOT
BE ELIMINATED.
MAGICLIGHT.NET IS UNDER NO
OBLIGATION TO VERIFY THE IDENTITY OF USERS
OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB
SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE
IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS.
ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK.
MAGICLIGHT.NET IS NOT A PARTY TO ANY SUCH
TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY
REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, MAGICLIGHT.NET AND ITS PROVIDERS
MAKE NO REPRESENTATION, WARRANTY OR CONDITION
THAT:
-
THE WEB SITE WILL BE
COMPATIBLE WITH YOUR COMPUTER AND RELATED
EQUIPMENT AND SOFTWARE;
THE WEB SITE WILL BE AVAILABLE OR WILL
FUNCTION WITHOUT INTERRUPTION OR WILL
BE FREE OF ERRORS OR THAT ANY ERRORS WILL
BE CORRECTED;
-
THE INFORMATION AVAILABLE
ON OR THROUGH THE WEB SITE WILL BE ACCURATE,
COMPLETE, SEQUENTIAL, OR TIMELY;
-
CERTAIN OR ANY RESULTS
MAY BE OBTAINED THROUGH THE USE OF THE
WEB SITE;
-
THE USE OF THE WEB SITE,
INCLUDING THE BROWSING AND DOWNLOADING
OF ANY INFORMATION, WILL BE FREE OF VIRUSES,
TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE
OR DISRUPTIVE COMPONENTS; OR
-
THE USE OF THE WEB SITE
WILL NOT INFRINGE THE RIGHTS (INCLUDING
INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
-
AND MAGICLIGHT.NET AND
ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY
REGARDING SUCH MATTERS TO THE FULLEST
EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
MAGICLIGHT.NET AND ITS PROVIDERS
WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF
USE, LOSS OF PRODUCTION, LOSS OF INCOME OR
PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF
MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT
OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE
DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER
ANY OTHER THEORY OF LAW OR EQUITY, ARISING
FROM, CONNECTED WITH, OR RELATING TO THE USE
OF THE WEB SITE BY YOU OR ANY OTHER PERSON,
AND REGARDLESS OF ANY NEGLIGENCE OR OTHER
FAULT OR WRONGDOING BY MAGICLIGHT.NET OR ANY
PROVIDER OR ANY PERSON FOR WHOM MAGICLIGHT.NET
OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING
THAT MAGICLIGHT.NET OR ITS PROVIDERS MAY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER
PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL MAGICLIGHT.NET'S
OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO
YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES,
AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER
ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS
OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY MAGICLIGHT.NET OR ANY PERSON FOR WHOM MAGICLIGHT.NET
IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT
YOU PAID TO MAGICLIGHT.NET FOR THE USE OF
THE WEB SITE, WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE
AND FOREVER DISCHARGE EACH OF MAGICLIGHT.NET
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE
AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION
PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS
AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS FROM ANY AND ALL MANNER
OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES
OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY
NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING,
WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER
EXIST, WHICH ARISE FROM, RELATE TO, OR ARE
CONNECTED WITH YOUR USE OF THE WEB SITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS EACH OF MAGICLIGHT.NET AND
ITS PROVIDERS AND ALL OF THEIR RESPECTIVE
AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION
PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS
AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED
PARTIES") FROM AND AGAINST ANY AND ALL
LIABILITIES, EXPENSES AND COSTS, INCLUDING
WITHOUT LIMITATION REASONABLE LEGAL FEES AND
EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES
IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING
OUT OF, RELATED TO, OR CONNECTED WITH YOUR
USE OF THE WEB SITE OR YOUR BREACH OF THIS
AGREEMENT. YOU WILL ASSIST AND CO-OPERATE
AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED
PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR
DEMAND.
ADVICE AND INFORMATION PROVIDED
BY MAGICLIGHT.NET OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY
REPRESENTATION, WARRANTY OR CONDITION OR VARY
OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY
LIMITATION, RELEASE AND INDEMNITY PROVISIONS,
AND YOU MAY NOT RELY UPON ANY SUCH ADVICE
OR INFORMATION.
The exclusion of certain
warranties and the limitation of certain liabilities
is prohibited by legislation in some jurisdictions.
Such legislative limitations may apply to
you.
The disclaimer, liability
exclusion, liability limitation, release,
and indemnity provisions in this Agreement
survive indefinitely after the termination
of this Agreement
7.
LOGIN NAMES AND PASSWORDS
Web
Site accounts may be accessed only by use
of a unique login name and password. The use
of a password does not restrict access by
magiclight.net and its Providers to the password-protected
information. Login names and passwords may
not be shared. For security reasons, you must
keep your login name and password confidential
and not disclose them to any person or permit
any other person to use them, except an authorized
magiclight.net representative. Also, passwords
must be non-obvious, hard-to-guess, confidential
and changed on a regular basis, and you must
log-out at the end of each session.
You
are solely responsible and liable for any
use and misuse of your login name and password
and for all activities that occur under your
login name and password. You must ensure that
all uses of your login name and password comply
with this Agreement.
You
must immediately notify magiclight.net of
any unauthorized use of your login name or
password, or if you know or suspect that your
login name or password has been lost or stolen,
has become known to any other person, or has
been otherwise compromised.
All
login names and passwords remain the property
of magiclight.net, and may be cancelled or
suspended at any time by magiclight.net without
any notice or liability to you or any other
person. magiclight.net is not under any obligation
to verify the actual identity or authority
of the user of any login name or password.
You
must respond promptly to all email and other
correspondence from magiclight.net, including
without limitation email and correspondence
concerning complaints or concerns regarding
your use of your login name or password or
your use of the Web Site.
THE
SECURITY AND PRIVACY PROVIDED BY PASSWORDS
IS NOT COMPLETE, AND CAN BE CIRCUMVENTED.
YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
8.
TERMINATION OF THIS AGREEMENT AND THE WEB
SITE
If
you breach any provision of this Agreement,
you may no longer use the Web Site.
magiclight.net may, in its sole discretion,
change, suspend or terminate, temporarily
or permanently, the Web Site or any part of
it or any of its features at any time, for
any reason, without any notice or liability
to you or any other person.
magiclight.net may at any time and for any
reason, with or without cause, and in its
sole discretion, immediately suspend or terminate
(in whole or in part) your permission to use
the Web Site and your user password, all without
any notice or liability to you or any other
person.
If
this Agreement or your permission to use the
Web Site is terminated by you or magiclight.net
for any reason, this Agreement will nevertheless
continue to apply and be binding upon you
in respect of your prior use of the Web Site
and your purchases of goods and services through
the Web Site and anything connected with,
relating to or arising from those matters.
9.
INFORMATION SUBMISSIONS
All
information you provide through the Web Site,
including registration information (name and
email address), payment information (credit
card numbers and expiration dates), and transaction-related
information, must be true, accurate, current
and complete. You must also provide magiclight.net
with updated registration information and
payment information within 30 days of any
changes.
magiclight.net will rely on the information
you provide. You will be solely responsible
and liable for any and all loss, damage, and
additional costs that you, magiclight.net
or any other person may incur as a result
of your submission of any false, incorrect
or incomplete information or your failure
to update your registration information and
payment information within 30 days of any
change. magiclight.net may require a copy
of a government-issued form of identification
before making any changes to your registration
information.
10. OWNERSHIP AND PERMITTED USE OF THE WEB
SITE
The
Web Site and all information (in text, graphical,
video and audio forms), images, icons, software,
design, applications and other elements available
on or through the Web Site are the property
of magiclight.net, its Providers and others,
and are protected by Canadian and international
copyright, trade-mark, and other laws. Your
use of the Web Site does not transfer to you
any ownership or other rights in the Web Site
or its content. You may only use the Web Site
in the manner described specifically in this
Agreement.
The
Web Site may not be used for any purpose not
expressly permitted by this Agreement. In
particular, except as expressly stated otherwise
in this Agreement, the Web Site may not be
copied, imitated, reproduced, republished,
uploaded, posted, transmitted, modified, indexed,
catalogued, or distributed in any way, in
whole or in part, without the express prior
written consent of magiclight.net. You may
not use any of the software that is used in
the operation of the Web Site except while
you are use the Web Site. You may not reproduce,
copy, duplicate, sell, or resell any part
of the Web Site (including the software used
in the operation of the Web Site) or access
to the Web Site.
The
Web Site is made available to you for your
lawful use only. You may access and browse
the Web Site using commercially available,
SSL-capable Web browser software. You may
print or download the pages of the Web Site
for your personal use provided that you do
not modify any of the Web Site pages or other
content and you do not remove or alter any
visible or non-visible identification, marks,
notices, or disclaimers.
11. PERSONAL INFORMATION PRIVACY
magiclight.net collects, uses, and discloses
your personal information in accordance with
the Privacy Policy.
magiclight.net may change the Privacy Policy
from time to time in its sole discretion.
By accepting this Agreement, and each time
you use the Web Site, you consent to magiclight.net's
collection, use and disclosure of your personal
information in accordance with the Privacy
Policy as it then exists without any further
notice or any liability to you or any other
person.
12. TRADE-MARK INFORMATION
magiclight.net™, the Magic Light logo, are
registered and unregistered trade-marks and
trade names owned by Magic Light inc. and
licensed to magiclight.net. Other product
and company names and logos appearing on the
Web Site may be registered or unregistered
trade-names, trade-marks and service-marks
of their respective owners.
Any
use of the trade-names, trade-marks, service-marks
and logos (collectively "Marks")
displayed on the Web Site, except as expressly
provided in this Agreement, is strictly prohibited.
Nothing appearing on the Web Site or elsewhere
shall be construed as granting, by implication,
estoppel, or otherwise, any licence or right
to use any Marks displayed on the Web Site.
13. OTHER SITES
The
Web Site may include advertisements for, and
links to, other Web sites or resources and
businesses operated by other persons ("Other
Sites"). Other Sites are independent
from magiclight.net, and magiclight.net has
no responsibility or liability for or control
over Other Sites, their business, goods, services,
or content. Links to Other Sites are provided
solely for your convenience. magiclight.net
does not sponsor or endorse any Other Sites
or their content or the goods or services
available through those other Web Sites. Your
use of Other Sites and your dealings with
the owners or operators of Other Sites is
at your own risk, and you shall not make any
claim against magiclight.net arising out of
your use of any Other Sites or your dealings
with the owners or operators of any Other
Sites. As between you and magiclight.net,
the provisions of this Agreement under the
section headed Disclaimer, Liability Exclusion,
Liability Limitation, Release and Indemnity
apply, with all necessary modifications, to
your access to and use of any Other Sites
and their business, goods, services, and content.
14. LINKING AND FRAMING THE WEB SITE
Links
to the Web Site without the express written
permission of magiclight.net are strictly
prohibited. To request permission to link
to the Web Site, please contact info@magiclight.net.
magiclight.net reserves the right to cancel
and revoke any permission it may give to link
to the Web Site at any time, for any reason,
without any notice, and without any liability
to you or any other person. The framing of
the Web Site or any of its content in any
form and by any method is strictly prohibited.
15. POSTINGS AND UNSOLICITED SUBMISSIONS
You
may not use technologies in connection with
your use of the Web Site or to post comments,
communications, or any other data of any kind
to or on the Web Site with the intention that
such postings may be viewed by other users
of the Web Site.
magiclight.net does not accept or consider
unsolicited ideas, including ideas for new
advertising campaigns, new promotions, new
or improved goods, services or technologies,
product enhancements, processes, materials,
marketing plans, or new product names. The
purpose of this policy is to avoid potential
misunderstandings or disputes. Accordingly,
please do not send any unsolicited ideas,
suggestions or other materials ("Submissions")
to magiclight.net or the Web Site.
If
you send Submissions to magiclight.net or
the Web Site you automatically grant (or warrant
that the owner of the Submissions grants)
to magiclight.net and its assigns a perpetual,
royalty-free, irrevocable, unrestricted, non-exclusive,
world-wide, assignable, sub-licensable, right
and license to use, copy, reproduce, modify,
adapt, publish, translate, create derivative
works from, distribute, perform, display and
otherwise exploit the Submissions or any ideas,
concepts, know-how or techniques associated
with the Submissions for any purpose whatsoever,
commercial or otherwise, using any form, media
or technology now known or later developed,
without providing compensation to you or any
other person, without any liability whatsoever,
and free from any obligation of confidence
or other duties on the part of magiclight.net
or its assigns, and you agree, represent and
warrant that all moral rights in the Submissions
are waived in favour of magiclight.net and
its assigns.
16. TRANSACTION AGREEMENTS
All
transactions through the Web Site, including
the purchase and sale of goods and services
and the licensing of software, are governed
by this Agreement and any applicable Transaction
Agreement. By participating in a transaction
through the Web Site, you signify your agreement
and acceptance of the applicable Transaction
Agreement.
17. SOFTWARE AGREEMENTS
magiclight.net may cause software to be available
for you to download from the Web Site or through
other Web sites, including Web sites operated
by Providers. The software is protected by
copyright, and your downloading and use of
the software are governed by the applicable
Transaction Agreement and the Software Licence
Agreement specific to the software. By downloading
software, you signify your agreement and acceptance
of the applicable Transaction Agreement and
Software Licence Agreement.
18. CONTESTS
From
time to time magiclight.net may make contests
available to users of the Web Site and others.
All contests are governed by this Agreement
and the applicable Contest Rules. By participating
in a contest through the Web Site, you signify
your agreement and acceptance of this Agreement
and the applicable Contest Rules.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The
Web Site is controlled by magiclight.net from
Boisbriand, Québec. This Agreement, your use
of the Web Site, and all related matters are
governed solely by the laws of the Province
of Québec, Canada and applicable federal laws
of Canada, excluding any rules of private
international law or the conflict of laws
which would lead to the application of any
other laws.
Any
dispute between magiclight.net and you or
any other person arising from, connected with
or relating to the Web Site, this Agreement
or any related matters must be resolved before
the Courts of Laval sitting in the City of
Laval, Québec, Canada, and you hereby irrevocably
submit and attorn to the original and exclusive
jurisdiction of those Courts in respect of
any such dispute or matter.
Any
claim or cause of action you may have arising
from, connected with, or relating to your
use of the Web Site, this Agreement, or any
related matters must be commenced in a court
of competent jurisdiction in the City of Boisbriand,
Québec, Canada within six (6) months after
the claim or cause of action arises, after
which time the claim or cause of action is
forever barred, regardless of any statute
or law to the contrary.
20. OTHER MATTERS
If
any provision of this Agreement is found to
be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed to be
severed from the rest of this Agreement and
shall not affect the validity and enforceability
of any remaining provisions.
The
provisions of this Agreement will enure to
the benefit of and be binding upon each of
magiclight.net and its Providers and each
of their respective successors and assigns
and related persons, including without limitation
Magic Light inc., and you and your heirs,
executors, administrators, successors, permitted
assigns, and personal representatives. You
may not assign this Agreement or your rights
and obligations under this Agreement without
the express prior written consent of magiclight.net,
which may be withheld in magiclight.net's
sole discretion. magiclight.net may assign
this Agreement and its rights and obligations
under this agreement without your consent.
No
waiver, express or implied, by either party
of any breach of or default under this Agreement
will constitute a continuing waiver of such
breach or default or be deemed to be a waiver
of any preceding or subsequent breach or default.
You
and magiclight.net are independent contractors
and no agency, partnership, joint venture,
employment or franchise relationship is intended
or created by this Agreement or your use of
the Web Site.
The
parties have expressly requested and required
that this Agreement and all other related
documents be drawn up in the French language.
Any
rights not expressly granted by this Agreement
are reserved to magiclight.net.
This
Agreement is subject to change without notice.
