Terms of Service for the use of Magical Vacations, LLC
Magical Vacations, LLC is independently owned and operated. This site is a private enterprise and is not affiliated with the Walt Disney Company, the Walt Disney World Resort, or any of it’s affiliates or designates.
This site is provided subject to your compliance with the terms and conditions set forth below.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
This agreement represents the complete agreement and understanding between Magical Vacations, LLC, (hereinafter “the Company”), its affiliates, successors and assigns, and you the user of the site (hereinafter called User) for your use and enjoyment of this site, (hereinafter “the site”), and all of the content as may be contained hereunder, and supersedes any other written or oral agreement. Upon notice published on-line (http://www.magical-vacations.com/terms_of_service) the Company may modify these terms and conditions, amplify them, and/or modify the information found herein, as well as discontinue, change or replace services offered.
Information transmitted through the site and through the Internet in general is not confidential. Therefore, the Company cannot and will not guarantee privacy or guarantee protection of any user. The Company reserves the right to monitor any User’s transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company, or in order to comply with the law. The Company will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.
Warranty Disclaimer. Use of any information obtained via the site is at your own risk. Neither Magical Vacations, nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does the Company or its licensors, employees or agents make any warranty as to the results to be obtained from use of the service.
This site, including any content or information contained within it or any site-related service, is provided “as is” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, and non infringement. You assume total responsibility and risk for your use of this site and site-related services.
The Company, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the site, site-related services and/or content or information contained within the site. Your sole remedy for dissatisfaction with the site and/or site-related services is to stop using the site and/or those services.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the site, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Although the company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the company by sending email to firstname.lastname@example.org so that it can be corrected.
User agrees to indemnify and hold without harm the company, its officers, employees, agents, directors, and other Users from any and all claims, damages, expenses (including attorney’s fees) and liabilities resultant from any and all use of the Site whether authorized or not authorized.
The companies Internet connections and all other services provided to the user by the company may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. or state regulation or law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, child pornography, or material protected as a trade secret. User agrees to indemnify and hold harmless Magical Vacations, LLC from any claims resulting from your use of the service which damages you or another party.
Services of the site should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. The company DOES NOT ALLOW users to run Maillist, Listserv or any form of auto-responder from a users shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and the Company will not be tolerated. When the company becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, the company may, at its sole discretion, suspend access to services to the individual in question. Confirmation of violations may result in criminal prosecution.
Use of this site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User’s responsibility to ascertain said policies.
Linked Internet Sites. The company is not responsible for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the User’s own risk.
Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site will be prosecuted to the fullest extent of the law.
Minnie Boxes are provided to you as a special gift from Magical Vacations, LLC, to you. Each box is designed differently and the contents within, are neither guaranteed or specified.
Miscellaneous. This Agreement is entered into in the State of Missouri and shall be governed by and construed in accordance with the laws of the State of Missouri, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Christian, in the State of Missouri, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys fee. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of the company shall continue in force even in the event of termination of these Terms and Conditions on other grounds. The company’s failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.
The duties and obligations contained herein at paragraphs 4, 5, 6, 10, and 11 will survive any termination hereof.
Travel Related Services: All travel related services provided through this site are done in accordance with the following Consumer Disclosure Notice:
Consumer Disclosure Notice
PLEASE READ THIS NOTICE. IT CONSTITUTES PART OF YOUR CONTRACT FOR TRAVEL RELATED SERVICES. PLEASE CHECK YOUR DOCUMENTS WHEN YOU RECEIVE THEM. CONTACT MAGICAL VACATIONS, LLC IF YOU HAVE ANY QUESTIONS.
Magical Vacations, LLC (herein ‘Travel Service’) is acting as a mere agent for SUPPLIERS in arranging for the booking of, and management of reservations or bookings for services that are not directly supplied by this Travel Service (such as hotel accommodations, meals, tours, cruises, etc.). Travel Service, therefore, shall not be responsible for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such suppliers, which result in any loss, damage, delay, inconvenience or injury to travelers or travelers companions or group members. Unless the term ‘guaranteed’ is specifically stated in writing on your tickets, invoice, or reservation itinerary, Travel Service does not guarantee any of such supplier’s rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Travel Service shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel services control. Traveler assumes complete and full responsibility for, and hereby releases the service from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. However, we specifically recommend that U. S. Citizens traveling to Canada, Mexico or the Caribbean, do so with a valid U. S. Passport. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U. S. State Department, (202) 647-5225, or access the State-Department’s on-line travel advisory service (www.state.gov/travel information/travel warnings). For medical information, call the U. S. Centers for Disease Control (CDC), (404) 332-4559 or log on to www.cdc.gov./travel. By embarking upon his/her travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility traveler may be unable to travel as scheduled because of personal emergency. Traveler is advised to obtain appropriate insurance coverage against these risks; information is available through this Travel Service regarding travel insurance. Traveler’s use of this site for the purpose of making travel arrangements, and retention of tickets, reservations, or bookings after issuance shall constitute a consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.
Entire Agreement/Modification. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. the Company may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled “Legal Notices” or “Legal Information” (or similar title) before the modification takes effect.
By the use of this web site, the User accepts the terms and conditions set forth in this agreement.