Terms & Conditions
1. USE OF THIS SITE
1.1 Your access to and use of this site is subject to all laws and regulations which apply to this site, to the Internet and/or to the World Wide Web, and to these terms and conditions. Any action in relation to these terms and conditions must be commenced in the Courts of British Columbia, Canada. In any such action, the laws of British Columbia, Canada shall apply. Your accessing of this site and/or your use of this site constitute acceptance of these terms and conditions without reservation, limitation or qualification.
1.2 You may not use this site if it is illegal in Your Jurisdiction for you to access, view and/or use this site. If this applies to you, please leave this site immediately. If you do not leave this site, then you will be deemed for all purposes to have represented that this condition does not apply to you.
1.3 The information posted by the site operator on this site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this site is strictly on an "as is" basis, and you must not assume that this site will be error free or that it will operate without interruption or as intended.
1.4 Magic Lamp reserves the right to alter, update, add to and/or revise these terms and conditions at any time and from time to time. Any such alteration, update, addition or revision will be effective immediately upon its posting to this site.
2. CONFIDENTIALITY AND PRIVACY ISSUES
2.2 Unless encrypted, information sent or received over the Internet is insecure and Magic Lamp cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Magic Lamp will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to Magic Lamp through this Site.
3. TRADEMARKS AND COPYRIGHT
3.1 On this site, the words "we" or "our" or " Magic Lamp " refer to Magic Lamp of Vancouver, British Columbia, Canada, and all of its parent, subsidiary and affiliated companies and organizations, as they may exist from time to time. The words "we", "our" and " Magic Lamp" do not include independent dealers and distributors of Magic Lamp products and services.
3.2 "Magic Lamp™" and all related designs, logos, labels, and other intellectual property used or displayed in this site are the intellectual property of Magic Lamp and all rights in respect of these trademarks as well as all other intellectual property of Magic Lamp are reserved.
3.3 Everything you see or read on this site is copyrighted unless otherwise noted, and nothing from this site may be used, copied, downloaded, displayed or transmitted by you (in any way or form, or by any medium) without the prior written permission of Magic Lamp. Magic Lamp neither warrants nor represents that your use of materials displayed on or downloaded from this site will not infringe rights of third parties not owned by or affiliated with Magic Lamp.
3.4 Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this site without the written permission of Magic Lamp or any third party that may own any such item displayed on the site. Magic Lamp will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these terms and conditions.
4.1 Any communication or material you send or transmit to Magic Lamp, by electronic mail or otherwise, including any data, questions, comments, suggestions or the like (all of which are collectively called "Submissions"), is and will be treated as non-confidential and non-proprietary. Any Submissions you transmit or post become the property of Magic Lamp and its affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at Magic Lamp election. By sending or transmitting any Submission to Magic Lamp, you will be deemed for all purposes to have assigned and transferred to Magic Lamp all copyright, trademark and other intellectual property rights in the Submission and to have irrevocably waived and released all moral and/or personality rights in the Submission. Magic Lamp is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever.
4.2 You agree to sign and deliver to Magic Lamp on demand all further documents and assurances that Magic Lamp may request in connection with the assignments, transfers, releases and waivers contemplated by that section.
5. LIMITATION OF LIABILITY AND INDEMNITY
5.1 Your use of and browsing in this site are undertaken at your own risk. Neither Magic Lamp, any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property.
5.2 Without limiting the generality of section 5.1, everything on this site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in Your Jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded or restricted to the fullest extent permitted by law in Your Jurisdiction.
5.3 You promise to indemnify and save Magic Lamp, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this site or any site to which this site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this site or any site to which this site may be linked from time to time; and/or (c) your violation of any law or regulation.
6. LINKED SITES
6.1 If any other sites on the World Wide Web are linked to this site at any time, Magic Lamp is not responsible for the content of any such linked site or any link contained within such a linked site. Magic Lamp reserves the right to terminate any link or linking program at any time and the linking of any site to or through this site does not imply any endorsement by Magic Lamp of the companies, products or information offered, described or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this site, you do so entirely at your own risk.
COLLECTION AND USE OF PERSONAL INFORMATION
As a visitor to this Site, you can engage in many activities without providing any personal information. In connection with other activities, such as subscribing to any services offered on the Site, Magic Lamp may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Magic Lamp may ask that you provide us personal information, such as your first and last name, mailing address (including postal or ZIP code), e-mail address, employer, telephone and fax numbers, and other personal information.
If you should elect to order any products or services we may offer on or through this Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide may be identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity or order, you will not be able to engage in that activity or make that order. However, we will not retain any of your credit card information beyond the particular transaction for which it is collected, unless you elect to set up an account with us for ongoing purchases.
When you use the Site, Magic Lamp or third parties authorized by Magic Lamp may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. Magic Lamp also uses such environmental variables to measure traffic patterns on the Site.
When you submit personal information to Magic Lamp through this Site, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Magic Lamp and its affiliates and subsidiaries maintain offices, including, without limitation, the United States of America, Canada and Barbados. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of Magic Lamp. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.
When you visit this Site, you can browse the Site and access important information without revealing your identity. In order to improve our Site, we use "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables Magic Lamp to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.)
How is your personal information used? Magic Lamp collects your information in order to record and support your participation in the activities you select or any products you order. As an example, if you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. If you make a purchase, then personal information is collected in order to process your order, deliver the article purchased and complete payment. Your personal information may also be used to keep you informed about product upgrades, special offers, and other products and services of Magic Lamp and selected third parties.
Magic Lamp may collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.
There are a variety of other circumstances where Magic Lamp may need to disclose some personal information about our customers. Here are some examples: 1. We may disclose a customer's personal information to a person who, in our judgement, is seeking the information as an agent of the customer; 2. We may share a customer’s personal information among Magic Lamp business units and affiliates to help us serve our customers better and to provide them with services, particularly where customers are from different jurisdictions or areas; 3. We may disclose a customer's personal information to a company or individual employed by Magic Lamp to perform functions on its behalf, such as research or data processing, provided that any such disclosure of a customer's personal information outside of Magic Lamp will be made on a confidential basis with the information to be used only for the purpose for which it was disclosed; 4. In conjunction with special offers or programs, we may disclose customers' personal information to our program partners, or to third-party agents responsible for administering such offers or programs. Any such disclosure will be made on a confidential basis with the information to be used only for the purpose for which it was disclosed; 5. Magic Lamp may provide your personal information if necessary, in our judgment, to comply with laws or regulations of a governmental or regulatory body or in response to a subpoena, warrant, or order, or to protect the rights of Magic Lamp others.
How do we protect your personal information?
In order to protect your personal information and your right to privacy, Magic Lamp: 1. will not collect, use or disclose your personal information for any purpose other than those identified above, except with your consent; 2. will strive to protect your personal information with appropriate security safeguards; 3. will strive to protect the confidentiality of your personal information when dealing with other companies; 4. will strive to keep your personal information as accurate and up-to-date as is necessary for the purposes identified above; and 5. will honour any request you may make for access to your personal information.
What are your choices?
We would like to have your consent to continue to collect, use and disclose your personal information for the purposes identified above. However, you do have choices and can refuse or withdraw your consent as follows:
1. You may have your name removed from our telephone, mail or e-mail marketing lists. We use these lists to inform you of relevant products, services and special offers that may be of benefit to you; 2. You may refuse to provide personal information to us. You may also withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice; 3. You have the right to access and correct your personal information and privacy preferences at any time. by writing or calling Magic Lamp at:
1986 East 7th Ave
Vancouver, British Columbia
Canada, V5N 1S4
Attn: Magic Lamp Administrator
Please provide your name, address, and/or e-mail address when you contact us. No specific form is required to notify us of changes to your address or privacy preferences, however we may have to contact you if any of your instructions are unclear.
Unless you contact us to provide other instructions concerning your personal information, you will be deemed to have, and Magic Lamp will assume that you have, consented to the collection, use and disclosure by Magic Lamp its agents of your personal information collected by Magic Lamp or its agents from you through your use of this site for the purposes and in the manner described above.