Our Terms Legal Notice
USE OF THIS WEBSITE
This website is owned by Magic Mirror Developers (hereinafter “MM”), and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
OTHER POLICIES AND AGREEMENTS
When you purchase products from MM using the www.magicmirror.dev website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.magicmirror.dev website.
The services available for sale by MM are available only in the United States and this website is directed only at customers and prospective customers in those states. MM and its affiliates attempt to be as accurate as possible in describing all services available for sale and/or distribution by MM. However, MM does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
EXCLUSION OF WARRANTIES
MM makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. MM does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. All material or information on this website is provided to you “As is”, “With all faults” and without warranties of any kind, whether express or implied. MM and its licensors disclaim all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties or conditions of merchantability, quality, durability, suitability or fitness for a particular purpose. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
LIMITATION OF LIABILITY
MM will not be liable for any damages, either direct or indirect, incidental, special or consequential, for use of or inability to use material, products or services of any kind, delay of or partial delivery, termination of rights or loss of profits, data, business or goodwill, whether on a contractual, tort or extracontractual basis, or to provide indemnification or any other remedy to you or any third party. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by MM, and MM does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of MM. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of MM or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, MM authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of MM and its affiliates without express written consent of MM. You may not use any meta tags or any other “hidden text” utilizing MM’s name or trademarks without the express written consent of MM. Any unauthorized use of this site and/or its contents terminates the permission or license granted by MM.
CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
When you visit this website or send e-mails to us, 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 this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SMS MOBILE TERMS AND CONDITIONS
When you provide your mobile number to MM, you agree to receive up to 4 messages per month from MM on your mobile phone. The text messages may include updates, alerts and exclusive offers. You can reply STOP to 22536 to cancel this service or HELP for help. For more information, contact Customer Service at firstname.lastname@example.org Standard message and data rates may apply.
Compatible carriers include: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - Syringa, Rina - UBET, Rina - Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless. T-Mobile is not liable for delayed or undelivered messages.
MM may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, MM makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if MM ever decides to do it.
Links and references to other websites are provided to you as a convenience only. MM has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by MM. To obtain permission, contact our Website administrator at email@example.com.
MM does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
DAMAGES TO OTHERS
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity.
RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to MM. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of MM or any other person or entity.
This site is controlled and operated by MM and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of United States applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
DISPUTE RESOLUTION; INJUNCTIVE RELIEF
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum’s Code of Procedure discussed below) (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (which you may obtain at www.arbitration-forum.com or by mail at P.O. Box 50191, Minneapolis, MN 55405), which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at firstname.lastname@example.org, and give us an opportunity to resolve the dispute. Similarly, before MM takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or MM is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the National Arbitration Forum’s Code of Procedure.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to these terms shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by these terms and may not award exemplary or punitive damages or attorneys' fees. You and MM both waive any claims for an award of damages that are excluded under these terms.
INJUNCTIVE RELIEF AND PROVISIONAL RELIEF
Notwithstanding the provisions in this Section 17, the National Arbitration Forum’s Code of Procedure or any other provision of these terms, MM shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
CHANGES TO TERMS/SEVERABILITY
MM may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
This website is controlled and operated by MM and makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We may share with certain partners information collected from our cookies placed on the MM website, such as your browsing activity on our websites and the products you purchase, to allow them to provide more relevant MM ads to you and provide us with measurement services, on an aggregated basis, on the efficiency of these ads. For the same purposes, we may allow the partners to place cookies, web beacons, and other storage technologies on our website and use them to collect information about visitors of our website.
You may also opt-out of the collection and use of your information for online behavioral advertising by visiting the following websites: http://www.aboutads.info/choices (United States), https://youradchoices.ca/choices/ (Canada) or http://www.youronlinechoices.eu/ (European Union).
Facebook-Related Advertising You may always review and modify your Facebook Ad Preferences to request that Facebook stops serving ads to you based on your web browsing.
The failure of MM to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of MM to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and MM with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by MM making such amendments or modifications available to it pursuant to the terms here of.
MM reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
You expressly agree that these terms and all ancillary documents be drafted solely in English.