| Last updated on 5/1/2005
PLEASE READ THESE TERMS OF USE CAREFULLY; THIS IS A BINDING CONTRACT. The
Magical Journeys website (the "Website") is a service offered by Magical
Journeys ("Magical Journeys "). These Terms of Use describe the terms and
conditions applicable to your access and use of the Website. Magical
Journeys may amend these Terms of Use at any time by posting the amended
Terms of Use on our Website, and users are deemed to be apprised of and
bound by any changes to the Terms of Use. Magical Journeys may make changes
in the services described in the Website at any time. You understand that
Magical Journeys may discontinue or restrict your use of the Website for any
reason without notice.
ABOUT THE INFORMATION ON THIS SITE. The content available on the Website is
intended to be a general information resource and is provided solely on an
“AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the
information contained herein with Magical Journeys directly. You should not
construe Magical Journeys 's publication of the content on the Website as a
warranty or guarantee of the quality or availability of any travel package,
plans, or advice.
USE OF MATERIALS ON THIS SITE. Magical Journeys invites you to view, use and
download a single copy of the Website for your informational, non-commercial
use. While you may make limited copies of your travel itinerary (and related
documents) for travel or services available on the Website, you agree not to
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or re-sell any
information, content, or services obtained from the Website. You also agree
not to:
(i) access, monitor or copy any content or information located on the
Website using any robot, spider, scraper or other automated means or any
manual process for any purpose without express written permission of Magical
Journeys ; or
(ii) violate the restrictions in any robot exclusion headers on the Website
or bypass or circumvent other measures employed to prevent or limit access
to the Website.
LINKS TO THIS SITE AND USE OF MARKS. The Website may contain links to
websites operated by other parties; including websites that give users the
ability to purchase or "book" travel arrangements (a service not offered by
Magical Journeys). Magical Journeys provides these links to other websites
as a convenience, and use of these sites is at your own risk. The linked
sites are not under the control of Magical Journeys, and Magical Journeys is
not responsible for the content available on the other sites. Such links do
not imply Magical Journeys ’s endorsement of information or material on any
other site and Magical Journeys disclaims all liability with regard to your
access to and use of such linked Websites.
Unless otherwise set forth in a written agreement between you and Magical
Journeys, you must adhere to Magical Journeys ’s linking policy as follows:
(i) any link to Magical Journeys ’s Website must be a text only link clearly
marked “Magical Journeys Website,” (ii) the appearance, position and other
aspects of the link may not be such as to damage or dilute the goodwill
associated with Magical Journeys ’s names and trademarks, (iii) the link
must “point” to the URL http://www.yourmagicaljourneys.com/ and not to other
pages within the Magical Journeys Website, (iv) the appearance, position and
other attributes of the link may not create the false appearance that your
organization or entity is sponsored by, affiliated with, or associated with
Magical Journeys , (v) when selected by a user, the link must display the
Magical Journeys Website on full-screen and not within a “frame” on the
linking Website, and (vi) Magical Journeys reserves the right to revoke its
consent to the link at any time and in its sole discretion.
TRADEMARKS. THE MAGIC BEGINS WITH YOU are trademark(s)/service mark(s) of
Magical Journeys. Unauthorized use of any Magical Journeys trademark,
service mark or logo may be a violation of federal and state trademark laws.
TRAVEL DESTINATIONS. Although most travel, including travel to international
destinations, is completed without incident, travel to certain destinations
may involve greater risk than others. Magical Journeys urges passengers to
review travel prohibitions, warnings, announcements and advisories issued by
the United States Government prior to booking travel to international
destinations. Information on conditions in various countries and the level
of risk associated with travel to particular international destinations can
be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov,
www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
.
BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS,
MAGICAL JOURNEYS DOES NOT
REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT
RISK, AND MAGICAL JOURNEYS IS
NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS.
DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS
PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY
KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. MAGICAL JOURNEYS DOES NOT MAKE
ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF
ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING
ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT
AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
MAGICAL JOURNEYS DOES NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY
PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS
FREE OF VIRUSES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGICAL JOURNEYS
DISCLAIMS ANY LIABILITY, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF
MAGICAL JOURNEYS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
COPYRIGHT. The Website is protected by U.S. and foreign copyright laws.
Except for your informational, personal, non-commercial use as authorized
above, you may not modify, reproduce or distribute the content, design or
layout of the Website, or individual sections of the content, design or
layout of the Website or Magical Journeys logos without Magical Journeys ’s
express written permission.
LOCATION. The Magical Journeys Website is operated by Magical Journeys from
its offices in the United States. Magical Journeys makes no representation
that the information in the Website is appropriate or available for use in
other locations. Access to the Magical Journeys Website from territories
where the content of the Magical Journeys Website may be illegal is
prohibited. Those who choose to access the Magical Journeys Website from
other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
PRIVACY POLICY. By agreeing to these terms, you agree that Magical Journeys
may use your information as described in our Privacy Policy [LINK TO PRIVACY
POLICY].
EMAIL. E-mail submissions over the Internet may not be secure. Please do not
email Magical Journeys any personal or confidential information.
EMPLOYMENT OPPORTUNITIES. Magical Journeys is committed to the principles of
equal employment opportunity. Applicants are considered for all positions
without regard to race, sex, color, religion, national origin, age,
disability (so long as such disability can be reasonably accommodated) or
any other status protected by applicable law.
ARBITRATION. Any controversy or claim arising out of or relating to your use
of the Website or Magical Journeys ’s services shall be settled by binding
arbitration in Forest City, Pennsylvania in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. Either you or Magical Journeys may seek any interim or
preliminary relief from a court of competent jurisdiction necessary to
protect the rights or property of you or Magical Journeys pending the
completion of arbitration.
CHOICE OF LAW. Any claims relating to the information or services available
on the Website will be governed by the laws of
Pennsylvania, excluding the application of its conflicts of law
rules. If any provision of these Terms of Use are held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced.
MISCELLANEOUS. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section.
Magical Journeys ’s failure to act with respect to any failure by you or
others to comply with these Terms of Use does not waive Magical Journeys’s
right to act with respect to subsequent or similar failures. These Terms of
Use set forth the entire understanding and agreement between you and Magical
Journeys with respect to the subject matter hereof. Notwithstanding the
foregoing, if you desire to use certain additional services available on the
Website, supplemental terms and conditions may apply.
VIOLATIONS AND ADDITIONAL POLICIES. Magical Journeys reserves the right to
seek all remedies available at law and in equity for violations of the rules
and regulations set forth on the Website, including the right to block
access from a particular Internet address to the Website.
Copyright © 2000-2007 Magical Journeys. All rights reserved.
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