Intellectual Property Rights
The content on the Site, except User Submissions and Postings, including without limitation, the text, software, scripts, graphics, photographs, sounds, videos, articles, online games, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Magichands, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. Content on the Site is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Magichands reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
Eligibility, Accounts, Password, and Security
Each Member and his/her parents/legal guardians may also be asked to choose a password and a user name. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Magichands immediately of any unauthorized use of your account or any other breach of security. Magichands will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Magichands or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
For Members, the Site permits user submissions including videos, photographs, or other materials ("User Submissions") and the hosting, sharing, and publishing of such User Submissions. By uploading or otherwise submitting any materials to us and/or the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Magichands a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
You shall be solely responsible for, and assume all liability regarding your own User Submissions, the consequences of posting or publishing them, and your interaction with other Members through the Site. Also should your account be terminated, you will not be given back any of your membership fees, User Submissions, nor will you be given access to such User Submission.
Magichands does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Magichands expressly disclaims any and all liability in connection with User Submissions. Magichands does not permit copyright infringing activities or infringement of intellectual property rights on its Site, and Magichands will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Magichands reserves the right to remove Content and User Submissions without prior notice.
Message Boards/"Blogs"/"Postings"/ Forums
The Forums and Postings may be used for noncommercial purposes only. Members may not post any information intended to promote and/or generate revenue for any third party business activity. You specifically acknowledge that soliciting other Magichands's members to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other User Submissions of any kind or nature. Without limiting the foregoing, you hereby grant to Magichands the right to use and change the Postings in any manner that Magichands may determine.
Magichands does not allow, and you agree not to use this Site to:
- upload, post, email, transmit or otherwise made available any User Submissions or Postings (collectively "User Content") that are unlawful, harmful, derogatory, defamatory, abusive, threatening, vulgar, obscene (including but not limited to posting pictures or videos with drugs, alcohol, nudity or sexual acts), bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting or that violates any person's privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers without consent);
- harm minors in any way;
- "stalk" or otherwise cyberbully (including but not limited to bullying, harassing, humiliating, threatening, embarrassing or targeting) another Member; create an account for a person 17 years of age or younger that you are not the parent or legal guardian of;
- create an account for anyone older than the age of 17;
- create an account for a person that does not exist;
- solicit personal information from any Member;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post information that you know is false, misleading, or that promotes illegal activity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions or Postings transmitted through the Site;
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Use the Site to promote another party's products or services, or solicit others for commercial products or services of any kind;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or
- intentionally or unintentionally violate any applicable local, state, national or international law.
We reserve the right to remove any material or terminate the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content upload, post, email, transmit or otherwise made available on this Site that we deem may be in violation of these terms or any applicable law.
Notwithstanding the foregoing, Magichands is not required to host, index, or display any User Content uploaded or otherwise provided to Magichands, and may remove or refuse to host, index or display any User Content. Magichands is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Content.
By using this site, you agree to allow Magichands the right to use the information from you and your experiences through the Site to monitor, track and research ways to improving Magichands's services and community.
Disclaimer Regarding Third Party Games, Applications or services
Claims of Copyright Infringement
Magichands respects the intellectual property rights of others. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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 clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to Magichands's customer service through email@example.com.
No Unlawful or Prohibited Use
Contests, Magichands Rewards, and Other Activities
Magichands provides rules of participation ("Rules of Participation") for certain activities on this Site including, without limitation, contests and rewards by Magichands, and/or in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the specific activity in which you choose to participate shall govern.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGICHANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. MAGICHANDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 MAGICHANDS SITE. MAGICHANDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAGICHANDS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAGICHANDS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL MAGICHANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAGICHANDS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MAGICHANDS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
MAGICHANDS AND ITS AGENTS USE VARIOUS WAYS OF VERIFYING INFORMATION AND SCREENING FOR REGISTERED SEX OFFENDERS, HOWEVER, NONE OF THOSE WAYS ARE PERFECT. BY USING THIS SITE, YOU AGREE THAT Magichands AND ITS AGENTS WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY INCORRECTLY VERIFIED INFORMATION, AND FALSE NEGATIVE OR FALSE POSITIVE RESULTS FROM THE SCREENING FOR REGISTERED SEX OFFENDERS.
The Site is controlled and offered by Magichands from its facilities in India. Magichands makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Advertisers or Sponsors
Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Magichands shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Site.
Third Party Hyperlinks
The appearance of and your use of any external hyperlinks generated by third parties does not constitute endorsement by Magichands, its subsidiaries and affiliates of the opinions or views expressed by these third party Web sites and Magichands does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Magichands is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Magichands nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Magichands will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the dissemination, exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
Modifications to Site
Magichands reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Magichands shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Magichands reserves the right to terminate or suspend your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this Agreement, or for any other reason. In addition a Member's account will automatically be terminate or suspended upon such Member reaching the age of 19 based on the account information provided during registration. Magichands assumes no liability for any information removed from the Site, termination and/or suspension of accounts for violating these terms and conditions.
You may also terminate your account at any time. This termination is effective immediately. After termination, you will not be given back any of your User Submissions, nor will you be given access to such User Submission.
We reserve the right to permanently restrict access to our products and services to Members who have had their accounts cancelled or suspended.
Thank you for your use of our Site and please contact us with any questions.