Welcome to MAGICITEMS GmbH and the website of MAGICITEMS (“the Site”). Please read the following Terms of Use carefully before using this Site or ordering/downloading anything, so that you are aware of your legal rights and obligations with respect to MAGICITEMS GmbH and its affiliates and subsidiaries (individually and collectively, “MAGICITEMS”).

By using the Site you signify your irrevocable acceptance of these Terms of Use. MAGICITEMS has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

MAGICITEMS may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). MAGICITEMS is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Online Behavior

Please exercise respect when participating in any of MAGICITEMS's community features such as Forums, Blogs, E-Mail functions, etc. You may not submit or publish through MAGICITEMS any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through MAGICITEMS that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant MAGICITEMS a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, MAGICITEMS and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (“Submissions”). In such a case, please read carefully the specific terms, which govern those Submissions (“Additional Terms”). In the absence of Additional Terms, the MAGICITEMS Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of MAGICITEMS . MAGICITEMS shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to MAGICITEMS will not be treated as confidential and MAGICITEMS shall not be liable for any disclosure of the Submissions.

MAGICITEMS does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each Patron will select a password (“Password”) and User Name (“User Name”). You shall provide MAGICITEMS with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that MAGICITEMS , in its sole discretion, deems inappropriate or offensive.

You shall notify MAGICITEMS of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at MAGICITEMS’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

MAGICITEMS will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify MAGICITEMS .

You agree to indemnify and hold MAGICITEMS , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

By accessing this Site, you and MAGICITEMS agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law.

All content and compilation of content included on MAGICITEMS’s website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of MAGICITEMS GMbH and is protected by Swiss and international copyright laws.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contact us.