THE SHORT VERSION
THE LONG VERSION
2. RIGHT TO ACCESS
You acknowledge and agree that QVllc may terminate your access to MagickalStore.com or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by MagickalStore.com. Any such termination shall be in sole discretion of QVllc and may occur without prior notice, or any notice. QVllc further reserves the right to terminate any user's access to the MagickalStore.com or to any of the Products and Services for any conduct that QVllc, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to MagickalStore.com or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. QVllc further reserves the right to terminate any user's access to the MagickalStore.com for any reason or for no reason at all, in QVllc's sole discretion, without prior notice, or any notice.
All MagickalStore.com orders are subject to the following guidelines and the policies outlined on our Shipping & Returns page.
- MagickalStore.com reserves the right to accept or decline your order for any reason.
- MagickalStore.com currently accepts PayPal payments and credit card payments. You do not have to have a PayPal account to pay with your credit card.
- MagickalStore.com does not store your credit card or other payment information.
- MagickalStore.com is required to charge sales tax on orders delivered to addresses within either the State of Missouri or the State of Massachusetts. The customer is solely responsible for all sales and use tax (or other taxation) on orders shipped to any other state or out of the country.
- Prices are subject to change without notice. The prices listed on MagickalStore.com will be the most accurate and up to date. However, errors may occassionally occur. If this does happen, we will contact you to advise you of any price increase or decrease before packing your order if it will affect your final charges.
- It is the responsibility of the purchaser to understand and answer for all fees and charges required by Customs and Duty regarding packages ordered and shipped internationally.
- All items sold and distributed by MagickalStore.com are legal for sale and distribution. However, it is the responsibility of all customers to understand local, regional, and national laws pertaining to the items they purchase, and purchasers are solely responsible for packages lost or destroyed, or any legal action resulting from the purchase of the items that are illegal in their particular country or region.
MagickalStore.com is copyright (c) 2014 by Quixotic Vision LLC. All rights are reserved. This Site, including but not limited to the text, content, photographs, images, video, audio, and graphics contained in this Site are protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of the United States of America and other countries as a collective work and/or compilation; unless otherwise indicated, QVllc or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such content. Reproduction or citation of such content, information, products, or software without QVllc's prior written consent is expressly prohibited. Users agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any information appearing on this Site. Please see the United States Copyright Office web site (http://www.copyright.gov) for specific information.
Users agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Site. Unauthorized use of this Site and the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
The trademarks, service marks, and logos (collectively, the "Trademarks") displayed on this Site are registered and common law trademarks of Quixotic Vision LLC and various third parties. Nothing contained on this Site should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of QVllc or such other party that may own the Trademarks.
All other brand and product names appearing on the Site may be the trademarks or service marks of their respective owners.
5. PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as, legal, financial, medical or expert advice of any kind. QVllc is not responsible for typographical errors, editing errors, or news source errors. QVllc STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
6. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, QVllc DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, QVllc DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. QVllc SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QVllc DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SITE. QVllc DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. QVllc DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. QVllc MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY QVllc.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL QVllc ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE FOR ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF QVllc OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, MAGICKALSTORE.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGH MAGICKALSTORE.COM.
UNDER NO CIRCUMSTANCES SHALL QVllc OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD OR GODDESS, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
8. EXTERNAL LINKS
MagickalStore.com may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave MagickalStore.com to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. MagickalStore.com/QVllc has no control over such sites and resources. You acknowledge and agree that MagickalStore.com/QVllc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MagickalStore.com/QVllc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through MagickalStore.com, 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. You agree that MagickalStore.com/QVllc 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 of the Product and Services.
QVllc encourages you to exercise discretion while using the Products and Services to browse the Internet. MagickalStore.com may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. MagickalStore.com/QVllc makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to MagickalStore.com. MagickalStore.com/QVllc shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the MagickalStore.com search results or otherwise linked to MagickalStore.com or provided to MagickalStore.com by third parties.
9. LINKING TO MAGICKALSTORE.COM
MagickalStore.com offers a non-assignable, non-transferable, and non-exclusive license to link to MagickalStore.com, using MagickalStore.com logos, icons and URLs. MagickalStore.com logos and icons may be placed on a Web site for the sole purpose of creating a link to MagickalStore.com and allowing users of your site to access the MagickalStore.com. MagickalStore.com logos and icons may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by MagickalStore.com/QVllc. MagickalStore.com logos and icons may only be used in accordance with specific instructions supplied by MagickalStore.com/QVllc. MagickalStore.com logos and icons may only be used in the manner in which they were supplied and may not be altered in any manner.
MagickalStore.com logos and icons must appear by themselves, with reasonable spacing (at least the height of the logo or icon) between each side of the applicable logo or icon and other graphic or textual elements. MagickalStore.com logos and icons may not be used to disparage theMagickalStore.com, its products or services, or in a manner which, in MagickalStore.com/QVllc's reasonable judgment, may diminish or otherwise damage MagickalStore.com good will in the MagickalStore.com logos. By using any such MagickalStore.com logos and icon, you acknowledge that the MagickalStore.com has exclusive rights to the logo or icon, and that all good will generated through your use of the logo or search box will inure to the benefit of the MagickalStore.com. QVllc reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. QVllc reserves the right to take action against any use that does not conform to these provisions.
10. NO LICENSE; INTELLECTUAL PROPERTY OF MAGICKALSTORE.COM AND OTHERS
Except as expressly provided, nothing within any of the Site shall be construed as conferring any license under any of MagickalStore.com/QVllc's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate MagickalStore.com and the Site is protected by copyright, trademark, patent, or other proprietary rights of QVllc and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by MagickalStore.com in connection with the Site. You agree not to hold yourself out in any way as sponsored by, affiliated with, or endorsed by MagickalStore.com, QVllc, its affiliates, or any of MagickalStore.com/QVllc's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the MagickalStore.com of any purpose other than the purpose for which such Content is made available to you by MagickalStore.com. You agree not to defame or disparage MagickalStore.com, the trademarks or service marks of MagickalStore.com, or any aspect of the Site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with the Site or the MagickalStore.com.
11. INDEMNITY AND RELEASE
By using the MagickalStore.com you agree to indemnify QVllc and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the MagickalStore.com or your submission of ideas and/or related materials to MagickalStore.com or from any person's use of any account or password you maintain with any portion of MagickalStore.com, regardless of whether such use is authorized by you. By using MagickalStore.com or submitting any ideas and/or related materials to MagickalStore.com, you are hereby agreeing to release QVllc and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Site or to any disputes regarding use of ideas and/or related materials submitted to MagickalStore.com. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
12. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of MagickalStore.com must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
13. FAIR USE
MagickalStore.com may publish excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. MagickalStore.com transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
MagickalStore.com has no intention to compete with the original copyrighted content. Rather, it is MagickalStore.com's intention to promote such content and deliver readers to such content. Accordingly, when MagickalStore.com cites a copyrighted work for commentary or criticism, MagickalStore.com acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which MagickalStore.com requests absolutely no payment or consideration.
14. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is our policy to respond quickly to claims of intellectual property infringement. MagickalStore.com/QVllc will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, MagickalStore.com will act quickly to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act quickly to remove or disable access to any reference or link to material or activity that is claimed to be infringing. MagickalStore.com will terminate access for subscribers and account holders who are repeat infringers. Claimed infringement notices should be directed to:
Quixotic Vision, LLC
P. O. Box 582
Branson, MO 65615
You may also use our Contact page.
Please put "Infringement Notice" in the subject line of all related communications.
When MagickalStore.com removes or disables access to any material claimed to be infringing, MagickalStore.com may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although MagickalStore.com makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. MagickalStore.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before MagickalStore.com replaces or restores access to any material as a result of any counter notification.
15. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
16. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN SITE
18. NON-WAIVER AND SEPARABILITY
19. NO RESALE, ASSIGNMENT, OR SUBLICENSING
20. SUCCESSORS AND ASSIGNS
21. TERMINATION; SURVIVAL
22. COMMUNICATIONS WITH USERS
You consent to receive communications from MagickalStore.com concerning your use of MagickalStore.com ("Communications"). The Communications may be those that MagickalStore.com is required to send to you by law concerning the Site ("Required Communications"). The Communications may also be those that MagickalStore.com sends to you for other reasons. You consent to receive Communications electronically. MagickalStore.com may provide these Communications to you by sending an email to the email address you provided or by posting the Communication on MagickalStore.com. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which MagickalStore.com sends Communications by visiting your Account.
23. SUBMISSIONS OF IDEAS
25. SUBMITTED CONTENT
You hereby agree that all content you submit to MagickalStore.com, via web forms, email to the editor, email to employees, partners, managers, phone calls, faces or other form of communication shall become the sole property of MagickalStore.com/QVllc and may be used by MagickalStore.com/QVllc in any way whatsoever, without limitation.