Terms of Service

Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by gds.magic-in-china.com. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to gds.magic-in-china.com, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of gds.magic-in-china.com. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of gds.magic-in-china.com. To obtain written consent for such reproduction, please contact us at www.gds.magic-in-china.com/contact

REGISTRATION AND PASSWORDS
To access certain portions of the Website and/or to request products online, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify gds.magic-in-china.com of any unauthorized use of your password or username or any other breach of security.

LINKING
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from gds.magic-in-china.com and that gds.magic-in-china.com has no control over the content of such websites. Consequently, gds.magic-in-china.com cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

USER CONDUCT
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the“Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

a)upload, post, e-mail or otherwise transmit any material that:
b)i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
c)ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
d)iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or
e)iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
f)b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
g)c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
h)d) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
i)f) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
j)g) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.

DISCLAIMER / LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. gds.magic-in-china.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. gds.magic-in-china.com DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL gds.magic-in-china.com  BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, SERVICES OR ANY PRODUCT OBTAINED THROUGH THE WEBSITE, EVEN IF gds.magic-in-china.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

ALL OTHER TERMS AND CONDITIONS GOVERNING ANY PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU REQUEST A PRODUCT. gds.magic-in-china.com MAKES NO WARRANTIES REGARDING ANY PRODUCT. YOU EXPRESSLY RELEASE AND HOLD gds.magic-in-china.com HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY PRODUCT OBTAINED VIA THE WEBSITE. YOUR SOLE RECOURSE SHALL BE AGAINST THE PRODUCT MANUFACTURERS.

INDEMNITY
You agree to indemnify and hold harmless gds.magic-in-china.com its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.

In particular, you agree to indemnify and hold harmless gds.magic-in-china.com, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content or product shipped to you by gds.magic-in-china.com. You understand and agree that gds.magic-in-china.com is merely providing product to you as a service, and that gds.magic-in-china.com has no control over, or responsibility for, the products themselves and/or any adverse reactions you may experience as result of their use. gds.magic-in-china.com recommends that users exercise their own skill and care with respect to the use of any Content and should obtain any expert advice they consider necessary. Always read and follow the product label.

PRIVACY
gds.magic-in-china.com respects your right to privacy of your personal information. Please review our Privacy Notice for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

CONTESTS
From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.

RATINGS & REVIEWS
gds.magic-in-china.com may enable you to help others make smart shopping decisions by providing ratings and reviews about your experience with various brands’ products. When you provide such ratings and reviews and allow us to share them with others publicly, we need to certain rights to reproduce your rating and review. When you provide a rating and review, you (i) represent and warrant that it is your original work, and that you have the right and authority to, and do hereby, grant us an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, store, copy, transmit, broadcast, display, distribute, use, edit, translate, combine with other material, publish, post, alter, adapt, create derivative works from, commercialize, trade-mark and otherwise use, without limitation, all or any part of the rating and review in any manner and media whether now known or hereafter devised including, without limitation, on the gds.magic-in-china.com or brand partner’s website or on third party review networks used by our brand partners; and (ii) waive any and all moral rights that you may have in and to the rating & review with respect to the uses contemplated herein.

CHANGES AND TERMINATION
gds.magic-in-china.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, gds.magic-in-china.com reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from gds.magic-in-china.com to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

TRADEMARKS
“gds.magic-in-china.com” and “www.gds.magic-in-china.com” are trademarks of gds.magic-in-china.com. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of gds.magic-in-china.com. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and gds.magic-in-china.com with respect to the use of the Website, including the Content.

NOTICE
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us at www.gds.magic-in-china.com/contact/