Web Site Terms of Use
Agreement. By accessing, or using this internet site (“Site”), you agree to be bound by the following terms and conditions (“Terms”) that are established by MAGIC SLEEK (” MAGIC SLEEK”). This Site is intended for use by MAGIC SLEEK, its representatives, customers, suppliers, and other authorized users determined by MAGIC SLEEK. If you do not agree to these Terms, please do not use this Site. “MAGIC SLEEK Parties” shall mean MAGIC SLEEK, its subsidiaries and its affiliates.
Revisions to Terms. You acknowledge that, in its sole discretion, MAGIC SLEEK may revise the Terms and the Content and materials on this Site at any time and without any prior notice to you. The Terms are subject to change by MAGIC SLEEK at any time, effective when posted on the Site or effective as soon after posting as permitted under applicable law. Your continued use after such change will constitute acceptance by you of such changes.
Rights in Content. “Content” refers to any documents, text, images, video, interactive media, logos, symbols software or other materials on this Site. All Content is owned by MAGIC SLEEK, its subsidiaries, affiliates, or licensors and is protected by copyright, trademark and other applicable laws. Except for the limited rights granted in these Terms, MAGIC SLEEK does not grant you any express or implied license or rights in any Content or in any intellectual property rights of MAGIC SLEEK, its subsidiaries, affiliates, licensors, or Content providers.
Copyright Notice. Unless otherwise noted on any particular Content, footer, header or work on this Site, Content on this Site is copyright © MAGIC SLEEK. You agree that all copyright notices or proprietary labels on the Site or Content shall not be deleted, obscured, or modified.
End User License. Subject to your compliance with the Terms, MAGIC SLEEK grants you a non-exclusive, non-assignable, non-sublicensable, non-transferable limited license and rights: (a) to access and display Content for your personal information or for commercial purposes authorized by MAGIC SLEEK, solely on your own lawfully-programmed device to the extent that you qualify as an authorized user, and (b) by your registering with a legitimate user-name identifier and password, along with your payment of any required licensing fee for restricted Content in restricted areas of the Site, to access and display restricted Content solely on your lawfully-programmed device as a customer of MAGIC SLEEK, its subsidiaries or its affiliates. The right to display Content on the Site excludes the right to publicly display any Content or publicly perform Content to an audience for a fee or for commercial purposes, unless otherwise agreed by MAGIC SLEEK in a separate written agreement. Without the express written permission from MAGIC SLEEK, you may not retransmit, copy, download, or modify any files from this Site, any Content or any modified versions thereof. MAGIC SLEEK reserves all worldwide rights not expressly granted under the Terms. Any other use, copying, reproduction, modification, or distribution of Content of this Site not explicitly permitted herein is prohibited.
Marketing Materials. Notwithstanding the above license grant, if MAGIC SLEEK permits you to download or print a limited number of product brochures, service brochures, product data sheets, or other marketing materials for your personal informational use, MAGIC SLEEK shall expressly identify the applicable marketing materials on the Site, which shall be subject to at least the following restrictions: (a) your use shall be limited to your personal informational use, (b) the copyright notice and any other applicable proprietary notice shall appear on the marketing materials, (c) the marketing materials shall not be modified, and (d) in its sole discretion, MAGIC SLEEK may terminate or revoke such permission to use, download, or print the marketing materials at any time without prior notice and may require you to destroy the marketing materials under your control or in your possession. Notwithstanding the above license grant, authorized MAGIC SLEEK representatives are permitted to electronically copy certain eligible marketing materials, such as MAGIC SLEEK product brochures and any other materials identified in a separate agreement between MAGIC SLEEK and such MAGIC SLEEK representative, published on this Site and to make print-outs thereof for the benefit and use by their customers and potential customers, provided that the copyright notice, along with any other applicable proprietary notice, appear on the materials and provided that the materials are not modified.
License Restrictions. You may not interrupt or attempt to interrupt the operation of the Site or interfere with the proper operation of the Site. You may not create a mirror version of this Site. You may not hack, defeat or circumvent technical measures or security measures on this Site. You shall comply with all applicable laws including the Digital Millennium Copyright Act. You may not data mine, crawl or scan this Site with automated computer equipment, software or communications over the internet or any communications network. In its sole discretion, MAGIC SLEEK may restrict the Site or restricted areas of the Site to selected users. Except as permitted by applicable law, you shall not, directly or indirectly, or cause any third party to: (a) sublicense, rent, lease, loan, timeshare, sell, distribute, disclose, publish, assign or transfer any rights in any Content or software available on the Site; (b) translate, reverse engineer, decompile or disassemble any Content or any software available on the Site, (c) alter or remove any copyright or proprietary rights notices or legends appearing on or in the software, documentation or Content. If you download software from this Site as authorized by MAGIC SLEEK from a non-public restricted area of the Site, you agree to be bound by any applicable separate software license agreement between you and MAGIC SLEEK or its affiliates or licensors.
Linking. If you link to this Site, in its sole discretion, MAGIC SLEEK reserves the right to limit or redirect your link at any time, to delete the page or Content that you link to without prior notice to you. If you link to this Site, you shall not imply that MAGIC SLEEK approves or endorses you, your website, your service or product, or any products or services of any third party. You shall not provide any false or misleading information about MAGIC SLEEK on any website that you control or maintain. This Site may contain links to non- MAGIC SLEEK sites. Any links to non- MAGIC SLEEK sites are provided to you only as a convenience. Such linked websites are not under the control of MAGIC SLEEK. To the full extent permitted under applicable law, MAGIC SLEEK is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by MAGIC SLEEK of the site, and MAGIC SLEEK shall have no responsibility for information which is referenced by or linked to this Site.
Consent on Data Processing and Privacy and Data Statement. If you provide personal information as a MAGIC SLEEK customer, your personal information will be treated as set forth in the applicable MAGIC SLEEK privacy and data statement. For example, you consent to MAGIC SLEEK Parties storing, retrieving, managing, and using your personal information for purposes of providing and offering services and products to you, improving the products and services, and offering new products and services. You consent to MAGIC SLEEK transferring the Submissions and personal information to a destination outside United States of America (“USA”) or storing them at a destination outside the USA for the purposes set forth in these Terms in accordance with the above MAGIC SLEEK privacy and data statement and applicable law. Your consent under this Section 10 shall be revocable if required under applicable law and you consent to transfers of your Personal Information between MAGIC SLEEK and any MAGIC SLEEK Parties, including but not limited to MAGIC SLEEK and XDS Holdings, Inc. for the purposes set forth in these Terms.
Product and Services Availability. This Site has been established primarily for the benefit and use of MAGIC SLEEK customers, potential customers, representatives and suppliers. Not all products or services referred to may be available, and MAGIC SLEEK may change or discontinue the products or services described by this Site at any time. This Site may include inaccuracies, and the information in this Site may be changed periodically. Check with your MAGIC SLEEK Corporate or your local representative before relying on any product-related information or service-related information found in this Site.
Warranties. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THE MATERIAL ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF PERFORMANCE, AVAILABILITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MAGIC SLEEK, its subsidiaries, affiliates, suppliers, licensors and content providers shall have no responsibility for errors or omissions in this Site. MAGIC SLEEK does not warrant that functions contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server is free of viruses or other harmful components. These Terms solely apply to the Site and the Content on the Site; the warranties set forth in these Terms do not supersede or revoke any warranties or limitations of liabilities that apply to products and/or services offered or provided by MAGIC SLEEK, its affiliates, suppliers, or representatives in separate written agreements.
Liability. To the full extent permitted under applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world arising directly or indirectly from use of the site or any content on the site.
MAGIC SLEEK shall have no obligation or liability in contract, warranty, tort or otherwise for loss of use, revenue, or profit or for any other direct, indirect, incidental, special, punitive, exemplary, consequential damages with respect to any nonconformance or defect in the site or use of any content, each of which is hereby excluded by agreement of the parties regardless of whether or not we have been advised of the possibility of such damages.
To the extent authorized under the Terms, any material downloaded, uploaded or otherwise obtained through the use of this Site or software is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of this Site or software obtained from this Site.
You are solely responsible for the maintaining the confidentiality of any password you may use in accessing a non-public restricted area of this Site and for the use of your password, whether or not authorized by you. You agree to immediately notify MAGIC SLEEK of any unauthorized use of your password.
Indemnification. To the full extent permitted under applicable law, you agree to indemnify, defend and hold harmless MAGIC SLEEK and its affiliates and their officers, directors, employees, contractors, and agents, and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms.
General Provisions. Unless more specific or detailed agreements or provisions apply to your use, your transactions or your interaction with the Site, the Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Notwithstanding any language to the contrary and subject to applicable law, the Terms shall incorporate by reference the MAGIC SLEEK privacy and data statement and any applicable financial policies between MAGIC SLEEK (or its constituents) for any financial services provided by MAGIC SLEEK or its subsidiaries or affiliates. If any use, service, or transaction on this Site, requires an account, or a user-name identifier and password, such services or access may be subject to additional terms and conditions that supplement these Terms or that supersede these Terms if there is a direct conflict between the Terms and the additional terms and conditions.
If any term or provision of these Terms are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Any term or provision that is held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall be severed from the Terms and the remaining terms and provisions shall remain in full force for purposes of the applicable jurisdiction.
To the full extent permitted under applicable law, the Terms are binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs and assigns.
The parties agree that all matters arising out of or relating to the Terms shall be governed by and construed in accordance with the state and federal laws applicable in the state of New Jersey in the United States of America without giving effect to any choice or conflict of law provision or rule (of New Jersey or any other jurisdiction). To the maximum extent permitted under applicable law, any claim or cause of action arising under these Terms shall be brought only in the federal and state courts located in New Jersey in the United States of America, and the parties hereby consent to the exclusive jurisdiction of such courts. However, any claim arising under consumer protection laws, including but not limited to class action claims, shall be resolved by arbitration in New Jersey in the United States of America in accordance with the then-current rules of the American Arbitration Association by one or more arbitrators appointed in accordance with the above rules. Any award rendered in the arbitration proceeding will be final and binding upon the parties. Any judgment or award of the arbitration may be entered in and enforced in any court of competent jurisdiction. You agree not to institute any claims against MAGIC SLEEK except as provided expressly in the Terms.
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