Terms & Conditions
Terms & Conditions
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
By using www.magillustrated.com (referred to as the "Site"), you agree to these Terms & Conditions and the general principles for the Site regardless of whether you have read through all of the applicable terms. These Terms and Conditions only apply to pages on www.magillustrated.com. If you follow a link to a domain that differs from www.magillustrated.com, these terms and conditions do not apply. As used in these Terms & Conditions, "Site", "us" or "we" refers to www.magillustrated.com. WE RECOMMEND THAT YOU READ THESE TERMS & CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
You must accept all of the terms in these Terms & Conditions before you become a registered user or guest of the Site. By accepting these Terms & Conditions, you agree that these Terms & Conditions will apply whenever you use the Site or any service or business offered on the Site. In addition, you will also be subject to any additional terms and guidelines applicable to any such separate service and business (which, if inconsistent with these Terms & Conditions, shall control). If you do not agree with any of these Terms & Conditions, including any linked documents, do not use the Site.
We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions and all linked documents. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; but any material change to these Terms & Conditions will not be applied retroactively to any claim or dispute between you and us in connection with these Terms & Conditions that arose prior to the applicable "LAST UPDATED" date in which we included such material change.
We may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
When you visit the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e–mail or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that the site provides to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information as needed. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
You may be required to register with the site in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The site reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
This Site reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
We make available products and services for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to the site the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply MAG ILLUSTRATED's endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non–public, home use (where no admission fee is charged) and may not be duplicated. MAG ILLUSTRATED reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
REVIEWS, COMMENTS, SUBMISSIONS AND OTHER COMMUNICATIONS
MAG ILLUSTRATED welcomes your reviews, comments and other communications "User Content", as long as the User Content submitted by you complies with these Terms & Conditions. The site does not endorse, recommend or sponsor any user product reviews, ideas, advice or other User Content.
You agree that any User Content submitted by you on the Site will be accurate, will not violate or facilitate the violation of any applicable law, regulation or Site rule or policy, will not violate any right of a third party, including without limitation, copyright, trademark, privacy or publicity rights, and will not cause injury to any person or entity. You agree that User Content submitted by you on the Site will not contain threatening language, and will not contain malware, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". In addition, you agree that you have not been compensated nor granted any consideration by any third party for the User Content submitted by you.
You are solely responsible for the User Content you submit, and this site assumes no liability for any User Content submitted by you. You agree to indemnify us against all claims and liabilities resulting from your User Content. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect MAG ILLUSTRATED and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the "MAG ILLUSTRATED Entities"), and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms & Conditions; or for any other reason or purpose.
For any User Content that you submit, you grant to MAG ILLUSTRATED a non–exclusive, sub-licenseable (through multiple tiers), fully–paid up, perpetual, irrevocable, royalty–free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate such content into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to MAG ILLUSTRATED the right to include the name provided along with the User Content submitted by you; provided, however, MAG ILLUSTRATED shall have no obligation to include such name with such User Content. Please note that, if you use your name in connection with your product review, this personal information will become public information, and will be available to site visitors and to the general public; moreover, such personal information, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it will reach an even broader audience. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with your product reviews.
You must provide your actual e–mail address in order to submit User Content. Any content you submit will be routed through the Internet, and you understand and acknowledge that you have no expectation of privacy regarding User Content. By submitting your email address in connection with your User Content, you agree that MAG ILLUSTRATED and its third party service providers may use your email address to contact you about your User Content and for other administrative purposes; however, MAG ILLUSTRATED has no obligation to respond to any User Content.
For all User Content posted by you, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Content, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
User Content is also provided by third party visitors to the Site. Please note that Site visitors may make statements, post messages or other User Content that are inaccurate, misleading or deceptive. MAG ILLUSTRATED and its affiliates, partners, suppliers or any other associated entities neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. The MAG ILLUSTRATED and its entities are not responsible for any such information or materials made available through the Site (including without limitation errors or omissions in postings or links or images embedded in such postings) or results obtained by using any such information or materials. Under no circumstances will the MAG ILLUSTRATED and its Entities be responsible or liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of MAG ILLUSTRATED.
MAG ILLUSTRATED strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, MAG ILLUSTRATED cannot guarantee that your monitor's display of any color will be accurate.
AVAILABILITY, ERRORS AND INACCURACIES
If an item is out of stock, it cannot be purchased. Occasionally, a product package will be updated though the product remains identical. The depiction of the product package you order may differ from the product package you receive.
MAG ILLUSTRATED's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the availability of an item has been confirmed. MAG ILLUSTRATED makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of the items on the Site may be described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including, product images, specifications, availability and services. MAG ILLUSTRATED reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
As part of our shipping procedures, we verify the availability before an item is shipped out.
If an item is no longer available, or we determine that there were inaccuracies in our product information, we will make every effort to route your order to another supplier at no additional cost to you. If we cannot fill your order by any other means, we will cancel your order and notify you of such cancellation via email.
RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
All Gift Cards, e–Gift Cards and other gift certificates are deemed purchased in and issued from the State of California. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient.
We understand that returns are sometimes necessary for a wide variety of reasons. Under our 100% Customer Satisfaction Guarantee, you can return any item on the site for any reason whatsoever during the first 30 days of ownership. Our customer service representatives will work with you to come up with the best solution for your situation by: replacing the original item or refunding your money as store credit to your account, then helping you find the product you prefer, and placing a new order for you.
To use our guarantee program, contact customer service. All product returns require a Return Merchandise Authorization, (RMA) number. Customer service representatives will provide shipping instructions. Do not repackage the order and return it to the "shipped from" address.
Returns of products that are not defective or damaged incur a 20% processing fee.
Please take care in providing your shipping information. What you provide is exactly how your shipping label will be printed. Orders returned to us as undeliverable will result in a 20% processing fee and no shipping refund will be issued. If you decide to have the product re-delivered to a different address (US addresses only), an additional shipping/handling fee of $10 will apply for US shipping addresses.
NO UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
a. accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
b. using the Site for unintended purposes or trying to change the behavior of the Site;
c. attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
d. attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing";
e. forging any header or any part of the header information in any e–mail or posting; or
f. forging communications on behalf of the Site (impersonating the MAG ILLUSTRATED websites) or to the Site (impersonating another user).
Sending unsolicited and unauthorized e–mail on behalf of MAG ILLUSTRATED, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by MAG ILLUSTRATED or generally publicly available browsers. Violations of system or network security may result in civil or criminal liability.
Further, you will not:
(a) post, transmit, or otherwise make available through or in connection with the Site:
1. Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent; (iv) objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
2. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," cracking," or "phreaking"; or
3. Any material, non–public information about a company without the proper authorization to do so;
(b) use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
(c) impersonate any person or entity, including without limitation any representative of MAG ILLUSTRATED ; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
(d) restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site);
(e) use the site to advertise or offer to sell or buy any goods or services without MAG ILLUSTRATED 's express prior written consent;
(f) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
(g) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
(h) remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the site;
(i) frame or mirror any part of the Site without MAG ILLUSTRATED 's express prior written consent; or
(j) create a database by systematically downloading and storing Site content.
You acknowledge that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing products, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Customs departments in each country often have regulations that should be investigated prior to placing orders; these may pertain to duty taxes and-or allowable items. We are not responsible for any additional expenses in