Terms and Conditions

This statement was last updated August 2, 2009.

These terms and conditions govern your use of CupidsMagic; by using CupidsMagic, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, please do not use CupidsMagic.

By using the CupidsMagic.com web site ("Service"), all services of CupidsMagic, Inc. ("CupidsMagic") you are agreeing to be bound by the following terms and conditions ("Terms of Service").

CupidsMagic reserves the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:  http://www.CupidsMagic.com/terms

Violation of any of the terms below will result in the termination of your Account. While CupidsMagic prohibits such conduct and Content on the Service, you understand and agree that CupidsMagic cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

• You must be 13 years or older to use this Service.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
• You must be a human. Accounts registered by "bots" or automated methods are not permitted.
• You are responsible for maintaining the security of your account and password. CupidsMagic cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account.
• One person or legal entity may not maintain more than one free account.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• By submitting content or articles on our site, you represent and warrant that you have all the required rights to publish the content or articles and that the content or articles will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party. You further certify that you will hold us harmless against any claims of rights violations caused by any action of yours. You are entirely responsible for the content of, and any harm resulting from, your submitted content or articles. You also agree that by submitting content or articles on our site, you grant us and our members a perpetual, irrevocable, royalty-free, world-wide, and non-exclusive license to publish and use the content or articles.

1. Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, you agree to allow others to view and share your Content upon signing up for the Service.

CupidsMagic does not pre-screen Content, but CupidsMagic and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

2. License to use website

You may view, download for caching purposes only, and print pages from the website, provided that:

• You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
• You must not reproduce, duplicate, copy, sell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
• You must not edit or otherwise modify any material on the website;
• You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• You must not use our website for any purposes related to marketing without our express written consent;
• You must not use our website to copy, publish or send mass mailings or spam;
• You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under American and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing;
• We reserve the right to edit or remove any material posted upon our website;
• We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you;
• In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights;

3. Payment, Refunds, Upgrading and Terms

• A valid Paypal account or credit card is required for paying accounts.
• If you initially sign up for or upgrade to a paid account, and don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

4. Modifications to the Service and Prices

• CupidsMagic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) due to inactivity or any other reason, with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CupidsMagic site (CupidsMagic.com) or the Service itself.
• CupidsMagic shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. Cancellation and Termination

• You are solely responsible for properly canceling your account. You must send an email to:  support at CupidsMagic.com requesting cancellation of your account.
• All of your Content may be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
• CupidsMagic does not accept any liability for loss of Content due to Account cancellation.
• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
• CupidsMagic, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CupidsMagic service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. CupidsMagic reserves the right to refuse service to anyone for any reason at any time.
• CupidsMagic reserves the right at any time to disable your account do to inactivity - with or without notice.

6. Disclaimer

• We do not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services herein.
• You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.

7. Disclosure

• The compensation we receive as an affiliate marketer to provide opinion on products, services, websites and various other topics does NOT affect the topics or posts we make on this site.
• We abide by word of mouth marketing standards and believe in honesty of relationship, opinion and identity.
• The views and opinions expressed on this site are purely our own. We always provide our honest opinions, findings, beliefs, or experiences on those topics or products.
• Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

8. Restricted access

• Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
• If we provide you with a login and password to enable you to access restricted areas of our website or other content or services, you must ensure that that login and password is kept confidential. You accept responsibility for all activities that occur under your login or password.
• We may disable your login and password at our sole discretion.

9. General Conditions

• Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
• Technical support is only provided to paying account holders and is only available via email.
• You understand that CupidsMagic uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You agree to indemnify and hold us harmless, our contractors, and our licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our site, including but not limited to out of your violation of this agreement.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with CupidsMagic, or any other CupidsMagic service.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CupidsMagic customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by CupidsMagic) of other CupidsMagic customers, we reserve the right to immediately disable or impose restrictions upon your Account until you can reduce your bandwidth consumption.
• CupidsMagic does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You expressly understand and agree that CupidsMagic shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CupidsMagic has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
• The failure of CupidsMagic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CupidsMagic and govern your use of the Service, superseding any prior agreements between you and CupidsMagic (including, but not limited to, any prior versions of the Terms of Service).

10. Entire agreement

These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Questions about these Terms of Service should be sent to:  support at CupidsMagic.com