Magic Store Dot Org GENERAL MEMBERSHIP
IMPORTANT TERMS AND CONDITIONS
Updated December 28, 2002
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PLEASE READ THE ENTIRE AGREEMENT SET OUT IN THE PAGES BELOW.
OUR GOAL: Magic Store Dot Org is enabling its Members and Advertisers/Sponsors to interact in more sophisticated and effective ways while maintaining its Members' privacy intact. Magic Store Dot Org delivers marketers' offers through a vast network of offers provided by our offer partners. Magic Store Dot Org wants to reward you, as a consumer, for responding to marketers' offers on MagicStore.org. Magic Store Dot Org wants to deliver you more relevant and personalized offers throughout the MagicStore.org by using information that you voluntarily give us while keeping this information confidential. Please read these terms and conditions and our Privacy Policy carefully.

You ("You" or "Member") must complete the Membership Form and read and agree to the terms and conditions of this Agreement ("Agreement") by joining Magic Store Dot Org.

IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT INCLUDING THE PRIVACY POLICY, MAGIC STORE DOT ORG IS UNWILLING TO OFFER YOU THE SERVICE. YOU SHOULD LEAVE THE SITE.

("Magic Store Dot Org" or "we") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. Your continued use of the Service will signify your acceptance to the modified terms. Please review the terms on this website frequently to look for changes.

A. BASIC REQUIREMENTS FOR MEMBERSHIP. To maintain a Membership in the Magic Store Dot Org Service, You must meet the following requirements and Magic Store Dot Org reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis:

A.1) You must be 18 years of age or older to participate. No exceptions will be made regarding this policy;

A.2) APPROVED TERRITORIES. The Magic Store Dot Org Service is currently available in all areas, but if Magic Store Dot Org has a problem with shipping an item to a Territory, Magic Store Dot Org reserves the right to send a cash prize instead.

A.3) PROVIDE ACCURATE INFORMATION. You must provide Magic Store Dot Org with valid contact and residential information and promptly update such information should it change or should additional information be required by Magic Store Dot Org for legitimate tax-related purposes or any other reason required by applicable law. Magic Store Dot Org reserves the right to request verification of, and member agrees to be subject to verification of, any of the information provided by member for enrollment with and continued use of the services provided by Magic Store Dot Org. You may not impersonate or misrepresent your identity. Magic Store Dot Org reserves the right to terminate any account, and associated membership, containing untruthful information. Magic Store Dot Org is not responsible for lost payments or communications due to your failure to provide Magic Store Dot Org with valid contact information as reasonably necessary;

A.5) ENROLLMENT. To the full extent allowed by applicable law, Magic Store Dot Org at its sole discretion and for any or no reason may refuse to accept applications for membership.

A.6) Magic Store Dot Org NEWSLETTER AND OTHER EMAILS. By signing up for Magic Store Dot Org, you are opting-in to receive Magic Store Dot Org newsletters and other special offer emails. If you do not wish to receive these emails, you may opt-out at any time, by updating your Account information.

A.7) ACCOUNTS ARE NON-TRANSFERABLE. Your password and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account or to receive payments to You; You may not use anyone else's password or account or act to accrue points for anyone else's account; You are responsible for keeping Your password secret. Magic Store Dot Org will not be liable for losses that are incurred through the use of Your password by a third party or the disclosure of your password or account.

A.8) TERMINATION AND CANCELLATION. Magic Store Dot Org at its sole discretion and for any reason or no reason at all may terminate any Members without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the Magic Store Dot Org Service; (c) acting against the business interests or reputation of Magic Store Dot Org; (d) otherwise acting unlawfully in relationship to Magic Store Dot Org, the Magic Store Dot Org website or the Magic Store Dot Org Service; (e) breach of our Spamming Policy; (f) inactivity (defined as the failure to earn any cash in your Magic Store Dot Org account) for a continuous six-month period; or (g) any other reason at the discretion of Magic Store Dot Org. If your account is terminated by Magic Store Dot Org, You may not re-enroll or join under a new account unless formally invited to do so by Magic Store Dot Org. (See Section I. below for more information about termination of accounts.)You may cancel Your Membership at anytime by using the "Click here to cancel your account" link in the Account section of the Magic Store Dot Org website. If you decide to cancel Your membership and later wish to re-enroll, You will be assigned a new account number and You will not receive credit for referrals made using Your previous account.

A.9) MEMBER ETIQUETTE. Member shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of Magic Store Dot Org. Member shall not use robots or scripts with Magic Store Dot Org. Violation by member will result in termination of membership, loss of all accrued points and barring from future participation with the service of Magic Store Dot Org. Any decision made by Magic Store Dot Org relating to termination of membership in cases of suspected abuse or violation of its rules shall be final and binding.

B. YOUR RELATIONSHIP TO MAGIC STORE DOT ORG. By filling out the membership information, You are applying to receive a service. Your relationship to Magic Store Dot Org is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Service.

C. REFERRALS. MEMBERS MAY NOT USE SPAM TO OBTAIN REFERRALS. You may not use unsolicited email, ("SPAM") to gather referrals. The use of spam to promote the Magic Store Dot Org service has strict negative consequences. Not only may Magic Store Dot Org terminate the Membership of any Member who in Magic Store Dot Org's reasonable opinion has used unsolicited email to gain referrals (a "Spammer"); Magic Store Dot Org will also sever the branch of the "referral tree" made up of direct and extended referrals obtained by the Spammer. The branch accounts (those under the Spammer) will not be terminated, but no one above the Spammer on the referral tree will benefit (e.g. receive paid search credits) from them. In addition, You may be subject to state and federal penalties or other legal consequences under applicable law if You send unsolicited email. Our Anti-Spam Policy provides more details and is incorporated into this Agreement.

C.2) MARKETING CLAIMS. You agree not to make any misrepresentations to any of Your Referrals or potential Referrals with respect to compensation typically received by Magic Store Dot Org members or with respect to compensation that potential members are likely to receive, and to fully comply with all applicable laws related to multi-level marketing programs.

C.3) No benefits are available to members for referrals of advertisers to Magic Store Dot Org

D. OFFERS AND POINTS If you are accepted by Magic Store Dot Org as a Member of the Magic Store Dot Org Service and meet all the requirements provided in this Agreement You may earn points for fulfilling offers you have selected.

D.1)All contests and/or free offers where magicstore.org will be sending members the item(s) does not include shipping and handling charges. Any third party offers will be bind to their policies in shipping and handling. Any Members winning or reciving any contests and/or free offers must place a note on the forum board provided by magicstore.org and after reciving such item(s) or service(s) must place a fallow-up on such board.

D.2) Points awarded to Magic Store Dot Org members are subject to changes for returns, cancellations, and other events. Magic Store Dot Org can make these changes to Magic Store Dot Org member accounts at its sole discretion. If you disagree with the changes made your sole option is to deactivate your Magic Store Dot Org account.

D.3) Member understands that, in some cases, there may be delay in the crediting of points for promotions of advertisers or partners due to advertiser’s or partner’s failure to provide necessary information to Magic Store Dot Org for such crediting of points. Magic Store Dot Org will not be responsible or liable for the delay or failure to credit points in such an event.

D.4) Magic Store Dot Org does not warranty, guarantee, or insure the quality of any product or service requested from one of the publisher advertised merchants.

D.5) Magic Store Dot Org neither endorses the contents of advertisements or third parties Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.

D. 6) Magic Store Dot Org is not responsible for promotions or additional offers displayed on the Web sites of the advertised merchants.

E. MERCHANDISE ORDERS. Your order will be mailed to the mailing address provided by You in the membership form. Orders placed for merchandise are subject to availability and delays set by UPS/Airborne and or other shipping company Magic Store Dot Org will make all reasonable attempts to process and ship all due merchandise within a reasonable timeframe.

E.2) Magic Store Dot Org reserves the right to change membership requirements for any product offered within Magic Store Dot Org at any time.

E.3) Magic Store Dot Org does not warranty, guarantee, or insure the quality of any product ordered through Magic Store Dot Org. Magic Store Dot Org will make all reasonable efforts to compensate You for merchandise determined dead-on-arrival (DOA), but is subject to terms set by and the cooperation of the vendor through which the product was purchased. Magic Store Dot Org claims no liability beyond this.

F. MONITORING YOUR ACCOUNT BALANCE. You may view your account balance and the number of referrals that you have made in the Magic Store Dot Org "Statistics" section. At this point, the account information is not updated in real-time as credits are accrued, but Magic Store Dot Org will try to keep the amounts updated in a reasonable fashion. If you have a question about your account balance, contact support@magicstore.org.

G. YOUR RELATIONSHIP WITH ADVERTISERS. Your relationship with merchants or advertisers whom Magic Store Dot Org delivers offers for on both our publisher sites and Magic Store Dot Org, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold Magic Store Dot Org liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Service.

H. TERMINATION. If a Member's account is terminated by Magic Store Dot Org, Magic Store Dot Org may refuse to honor some or all of the points credited to the terminated Member's account if such amounts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Member. Similarly, Magic Store Dot Org will have no obligation to honor a Member for points credited to the Member's account that were earned in violation or after violation of this Agreement by any of the Member's direct or extended referrals. If your account is terminated by Magic Store Dot Org, You may not re-enroll or join under a new account unless formally invited to do sby Magic Store Dot Org.

I. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Magic Store Dot Org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOURFREEDVDS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

J. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER Magic Store Dot Org NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Magic Store Dot Org's TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE TOTAL VALUE OF THE PRODUCTS RECEIVED THROUGH THE SERVICES OF Magic Store Dot Org.

K. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed by California law, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the state or federal courts located in the Northern District of California, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of California and the United States that apply to the use of this Service and the compensation You may receive. If the law of Your country, state, or province of residence prohibit or limit Your participation in this Service, then You are responsible for complying with such laws and you agree to indemnify Magic Store Dot Org against any breach. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, your referral network, your Magic Store Dot Org account or other benefits you receive as a Magic Store Dot Org Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. Magic Store Dot Org may assign this Agreement at its sole discretion.

L. SECURITY To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Magic Store Dot Org has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, Magic Store Dot Org cannot guarantee the security of any information that you transmit to us or from our sponsors and You do so at Your own risk.This Agreement constitutes the entire Agreement between You and Magic Store Dot Org in connection with general membership in Magic Store Dot Org and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.

CONTACTING US. If You have questions about the Service or this Agreement, please contact support

Magic Store Dot org Club Privacy Policy

This Privacy Policy applies to collection, use, storage and disclosure of information by magicstore.org. If there are any exceptions, we will clearly disclose them prior to collecting any information, and will give you an opportunity to choose not to participate or provide the information.