Magic Touch^™ terms and conditions

By using Magic Touch^™, you agree to be bound by Part A of these Terms - these provisions are applicable to all users including casual visitors. By registering for a Magic Touch^™ account, you also agree to be bound by Part B of these Terms. Magic Touch^™ is also referred to as the “Service”.

Part A

Provisions applicable to all Users of the Service (whether registered or not)

Purpose of the Service

Magic Toolbox offers an image zooming service to store and zoom digital images through web browsers.

Availability

Magic Toolbox uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Magic Toolbox. Every reasonable step will be taken by Magic Toolbox to minimize such disruption where it is within the reasonable control of Magic Toolbox. You agree that Magic Toolbox shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Magic Toolbox service for any reason and without notice at any time.

Privacy

Magic Toolbox is committed to protecting your privacy. The terms of our Privacy Policy are incorporated into, and considered part of, these Terms.

Trademarks

All brand, product and service names used in this Service which identify Magic Toolbox or third parties and their products and services are proprietary marks of Magic Toolbox and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Magic Toolbox or any third party with respect to any such image, logo or name.

Copyright

Magic Toolbox is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.

If you believe the copyright in your work has been violated through this Service, please contact Magic Toolbox via our contact form. Please provide the URL to the infringement so that we may locate and investigate it. If we do not reply within 48 hours, please contact us by telephone.

Amendment of the Terms

Magic Toolbox reserves the right to amend these Terms of Use from time to time without any notice to you. You can review the most current version of the Terms of Service at any time at: http://www.magictoolbox.com/magictouch/terms/

Applicable Law and Jurisdiction

These Terms shall be governed by English law. You agree to the exclusive jurisdiction of the courts of the United Kingdom.

General

These Terms constitute the entire agreement between Magic Toolbox and you with respect to your use of the Service. Magic Toolbox's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

Operator

This Service is operated by Magic Toolbox, a business owned and operated by Mr Monkey Limited, a company incorporated in the United Kingdom (number 06041171).

Magic Toolbox is also referred to in these Terms as "we" and "us".

If you have any comments or questions about the Service please contact us by email through out contact form.

Part B

Provisions Applicable to Registered Members and Customers

Registration

To purchase from or register as a member of the Service you must be 18 years or over. We reserve the right to refuse service to anyone for any reason at any time.

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete.

You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

Password

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Magic Toolbox immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

Formation of a Binding Contract

No contract will exist between you and Magic Toolbox for the supply of any services or products unless and until Magic Toolbox accepts your order by a confirmatory e-mail, IM message or other appropriate means of communication.

Service Level Agreement

Magic Toolbox commits to providing 99.99% service availability to all paying members. If the Service is unavailable for more than 0.01% of the month (approximately 43 seconds), you will be eligible for a full refund of fees paid for that month of the Service. This commitment does not extend to members using free accounts.

Copyright of Your Images

Magic Toolbox does not claim ownership rights in any digital content contained in your account. For the sole purpose of enabling us to display your content through the Service and fulfilling any orders for you or those you have shared your content with, you grant to Magic Toolbox a non-exclusive, royalty-free license to use, copy, distribute, and display that content. Please note that when you share content, you allow the recipients to share and make digital copies of that content.

Conduct

You are responsible for all of the content you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional content that is provided to you by professional content creators or made available through websites or other resources, is protected by copyright and should not be uploaded, shared or copied using the Service.

You agree not to use the Service:

• for any unlawful purposes;
• to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous or illegal;
• to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Magic Toolbox;
• to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• to upload, post, email or otherwise transmit any material which is likely to cause harm to Magic Toolbox or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
• to make images manufactured and/or produced by Magic Toolbox available for viewing by the general public through a publicly posted link to the image or otherwise;

Violation of any of these agreements will result in the termination of your Magic Toolbox account. While Magic Toolbox prohibits such conduct and content on its site, you understand and agree that Magic Toolbox cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the Magic Toolbox service at your own risk.

You further agree that you shall not:

1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
2. provide any information to Magic Toolbox that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
3. make duplicate user accounts to bypass account restrictions.

Monitoring of Content

Magic Toolbox does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs on your user account.

Suspension, Modification and Termination of Access and Membership

You agree that Magic Toolbox may at any time without notice:

• refuse to accept your application to become a member of magictoolbox.com;
• move or suspend any part of the Service; or
• refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Magic Toolbox’s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Magic Toolbox to do so;
• modify any username or other content that could be confusing with any Magic Toolbox products and services or which contains any explicit/objectionable content.

Storage Policy

Magic Toolbox provides online storage of content to its members. If your account becomes inactive for a period of 12 months, Magic Toolbox may, at its option, terminate access to the account altogether (including deletion of any account information held by Magic Toolbox). Magic Toolbox may change this policy at any time, upon reasonable notice to you.

Termination

User Termination - The user may cancel their account at any time without refund.

Disclaimer of Warranty and Limitation of Liability

Magic Toolbox agrees that all services will be carried out with reasonable skill and care.

The service, Magic Toolbox’s sites and all related products and services are provided by Magic Toolbox "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, are expressly disclaimed. To the fullest extent permitted by law, Magic Toolbox disclaims any warranties for the security, reliability, timeliness, and performance of this service.

You understand and agree that the submission of any digital content to Magic Toolbox, and the download or upload of any material through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content.

Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, Magic Toolbox shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of the service, Magic Toolbox’s site and all related products and services, even if Magic Toolbox has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.