Terms of Use
Important Introduction
The magplays.com is owned and operated by MAGPLAYS LIMITED (hereinafter referred to as “MAGPLAYS”, “our”, “us” and “we”)
As a customer or a visitor to the Website, including any mobile application (such as APP) and any social media platform (altogether, the “Website”). These are the Website terms and conditions of use ("Terms"), which apply to the use of the Website by end users. By accessing the Website you agree to be bound by: (i) these Terms; and (ii) Privacy Policy. If you do not agree to these Terms or the Privacy Policy then you are not entitled to enter this Website. If you enter this Website, represents you do read and agree to these Terms of Use and Privacy Policy.
We may change these Terms from time to time in our sole discretion without notice and you agree to be bound by such changes. You should periodically review this site for such changes.
You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included in these Terms. You may only use the Website for your personal and non-commercial use.
You confirm that, if any of the content in the Website is prohibited or breach of any regulations and laws in your region or country, you need to bear all the legal responsibilities occurred regarding you browse this Website.
1. User accounts
In order to use some parts of the Website, you may need to create an account. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorized use of your account.
Please review the full Privacy Policy for details of the management of other collection of personal data.
2. User submissions
You must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.
A review is your description of the experience you had with friends, family or on your own at a restaurant, event, bar, venue, attraction or exhibition. We encourage reviews that are informative, entertaining and helpful for others and an explanation of what you enjoyed or didn’t.
By submitting a User Submission review to the Website you agree that the review is based on your own experience and is your genuine opinion, that you have no personal or business relationship with what you are reviewing and have not been offered any incentive or payment to write your review.
By submitting User Submissions to the Website you hereby grant:
(i) do not infringe any third party's intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy; and
(ii) do not violate any law, statute, ordinance or regulation; and
(iii) are not defamatory, libelous, unlawfully threatening or unlawfully harassing; and
(iv) are not obscene or pornographic; and
(v) do not violate any laws regarding unfair competition, anti-discrimination or false advertising
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights.
MAGPLAYS allows the management or representatives of events, venues, restaurants or attractions to respond to reviews written by users on the MAGPLAYS site and these should be identified by your user account. MAGPLAYS reserves the right to remove a review or management response at any time for any reason.
If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us.
You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
We encourage you to share your opinion about a feature we’ve written or a review that has been written by us or by one of our users. We like comments that are your view of another’s opinion and are constructive - be that agreeing or disagreeing.
3. Notices and Communications.
You agree to accept all communications from MAGPLAYS, is entitled to rely on the e-mail address or mailing address or telephone number that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail address or mailing address or telephone number not communicated to MAGPLAYS.
4. Intellectual Property Rights
All information (including but not limited to texts, graphics, sounds, photos, videos, trademarks, designs and hyperlinks) provided by this Website is protected by the relevant laws including but not limited to copyright law. It is forbidden to copy, reprint, or translate the information presented by this Website without the prior consent of this Company.
5. Compliance with Applicable Laws.
User’s access to this Website is governed by all applicable local laws.
6. Assumption of Risk.
Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While MAGPLAYS has endeavored to create a secure and reliable Website, please be advised that the confidentiality of any communication or material transmitted to/from this Website over the Internet cannot be guaranteed. Accordingly, MAGPLAYS and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Website and must make his or her own determination as to these matters.
7. Law Enforcement.
MAGPLAYS reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. MAGPLAYS will also comply with all court orders involving requests for such information.
8. Links to Other Sites.
MAGPLAYS may offer links to third-party web sites that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. MAGPLAYS cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party web sites. MAGPLAYS does not endorse any of the products or services offered in any third-party web sites. Further, MAGPLAYS has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party web sites. Before proceeding with any transaction with any third-party web site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.
9. Events Beyond MAGPLAYS’s Control.
Users expressly absolve and release MAGPLAYS from any claim of harm resulting from a cause beyond MAGPLAYS’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
10. DISCLAIMERS.
NO WARRANTY IS PROVIDED REGARDING THE ACCURACY OR PUBLIC NATURE OF THE INFORMATION PROVIDED BY THIS SERVICE, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, MAGPLAYS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME, FOR ANY REASON. YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE. MAGPLAYS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, MAGPLAYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, ANY DELAY OR INABILITY TO USE THIS WEBSITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MAGPLAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MAGPLAYS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THIS SITE SHALL NOT EXCEED USD100.
12. Indemnity.
You agree to defend, indemnify, and hold harmless MAGPLAYS and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of and access to the Website; (ii) any breach by you of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; and (iv) any claim that your content caused damage to a thirty-party. This defense and indemnification obligation will survive these Terms and your use of the Website. You shall not in any event settle any matter without the prior written consent of MAGPLAYS to be withheld at MAGPLAYS’ sole discretion.
13. Access and Termination.
This Site is controlled and operated by MAGPLAYS. We make no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal is prohibited. Those who choose to access this Website from other locations do so of their own volition and are responsible for compliance with applicable local laws. MAGPLAYS reserves the right at any time and for any reason to deny you access to the Website.
This Website may be stopped for maintenance or other purposes and all or part of this Website may be changed or terminated without prior notice.
14. Severability.
If any part of these Terms shall be deemed unlawful, invalid or for any reason unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
15. Entire Agreement.
These Terms and Conditions, together with the MAGPLAYS Privacy Policy, which is hereby incorporated as if set forth fully herein, represent the entire agreement between the User and MAGPLAYS with respect to use of and material available on or through this Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and MAGPLAYS with respect to this Website. Any rights not expressly granted herein are expressly reserved.