The term 'MagicalBubble' or 'us' or 'we' refers to the owner of the website. The term 'you', 'your' and 'yours' refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- When using MagicalBubble, you will be exposed to user submissions from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MagicalBubble with respect thereto, and agree to indemnify and hold MagicalBubble, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- The site operators make every effort to check and test material at all stages of production. It is always wise for users to run an anti virus program on all material downloaded from the internet. MagicalBubble cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material off this website.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
YOU AGREE THAT YOUR USE OF MAGICALBUBBLE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGICALBUBBLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MAGICALBUBBLE AND YOUR USE THEREOF. MAGICALBUBBLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR OTHER MAGICALBUBBLE SERVICES. (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAGICALBUBBLE WEBSITE OR OTHER MAGICALBUBBLE SERVICES. MAGICALBUBBLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAGICALBUBBLE WEBSITE OR OTHER MAGICALBUBBLE SERVICES, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAGICALBUBBLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL MAGICALBUBBLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR OTHER MAGICALBUBBLE SERVICES. (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAGICALBUBBLE WEBSITE OR OTHER MAGICALBUBBLE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MAGICALBUBBLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MagicalBubble from its facilities in the United Kingdom. MagicalBubble makes no representations that the MagicalBubble Website is appropriate or available for use in other locations. Those who access or use the MagicalBubble Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless MagicalBubble, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MagicalBubble Website or other MagicalBubble services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MagicalBubble Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the MagicalBubble Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MagicalBubble Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MagicalBubble without restriction.
MagicalBubble Account Referrer Agreement
BY SIGNING UP FOR A MAGICALBUBBLE ACCOUNT YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. MagicalBubble Account Overview
This Agreement contains the complete terms and conditions that apply to you becoming a referrer in MagicalBubble’s Referral Programme. The purpose of these terms is to allow sharing of HTML links between yourself and your friends and HTML linking between your web site and MagicalBubble’s web sites.
2. Referrer Obligations
2.1. To become a referrer, you will sign up for a MagicalBubble account at MagicalBubble.com or on one of our letter websites. The fact that we auto-approve accounts does not imply that we may not re-evaluate your account at a later time. We may cancel and deactivate your account at our sole discretion. We may cancel and deactivate your account if we determine that your site is unsuitable for our Programme, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “MagicalBubble” or variations or misspellings thereof in its domain name or of any associated MagicalBubble domain name.
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other referrer’s in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are MagicalBubble or any other affiliated business.
2.2. As a member of MagicalBubble’s Referral Program, you will have access to your MagicalBubble Account. Here you will be able to review our Programme’s details, download HTML code and URL’s (that provides for links to web pages within the MagicalBubble web site and to our other sites) and browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your friends or web site to ours, you must use the HTML code and URL’s that we provide for each banner, text link, or other referrer link we provide you with.
2.3. MagicalBubble reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. MagicalBubble Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the MagicalBubble Referrer Programme.
3.2. MagicalBubble reserves the right to terminate this Agreement and your participation in the MagicalBubble Referrer Programme immediately and without notice to you should you commit fraud in your use of the MagicalBubble Referrer Programme or should you abuse this program in any way. If such fraud or abuse is detected, MagicalBubble shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon you signing up for a MagicalBubble Account, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. We reserve the right to cancel and deactivate your account and claim any balance credited to you for any reason whatsoever.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, it is your responsibility to check the terms and conditions periodically to ensure that you are in compliance. Modifications may include, but are not limited to, changes in the payment procedures and MagicalBubble’s Referrer Programme rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in MagicalBubble’s Referrer Programme following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6.1 If you opt to receive payment yourself then you must set the option and provide accurate and valid payment details in your MagicalBubble account settings. We make payments using Paypal Mass Pay and the Paypal account email address you provide must be correct and your Paypal account able to receive Paypal Mass Pay payments and there must be no outstanding issues with your account that would prevent you from receiving a payment. Failure to provide an adequate Paypal account may lead to forfeiture of payment. Please check the Paypal terms and conditions to ensure that the Paypal account you provide meets the above requirements.
6.2 For our protection, we reserve the right to withhold payment, claim your account balance, cancel your account and cancel this agreement at any time for any reason whatsoever.
6.3 Payment Schedule
Payments are made monthly and will be issued 2 months after the beginning of the relevant period. For example, for the month of January (January 1st until January 31st) the payment of any earnings made in that period will be due on or around 1st March. Payments are made in the first 7 days after they become due.
7. Access to the MagicalBubble Account Referral Interface
MagicalBubble’s Account interface provides you access to successful referrals you have made, estimated earnings in current periods and a history of paid and upcoming payments.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions MagicalBubble could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by MagicalBubble. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote MagicalBubble so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote MagicalBubble so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from MagicalBubble. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the MagicalBubble Referrer Programme. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Referrers that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as MagicalBubble, MagicalBubble.com, www.MagicalBubble, www.MagicalBubble.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from MagicalBubble’s Referrer Program. We will do everything possible to contact the referrer prior to the ban. However, we reserve the right to expel any trademark violator from our referrer program without prior notice, and on the first occurrence of such PPC bidding behaviour.
8.3. Referrers are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in MagicalBubble’s service).
8.4. Referrer shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited MagicalBubble’s site (i.e., no page from our site or any MagicalBubble’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of referrer and non referrer commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of any of our sites in IFrames, hidden links and automatic pop ups that open MagicalBubble’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Referrer banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of MagicalBubble’s Referral Programme. You agree that all uses of the Licensed Materials will be on behalf of MagicalBubble and the good will associated therewith will inure to the sole benefit of MagicalBubble.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. You agree that you are an independent person, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and MagicalBubble. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Sites or otherwise, that reasonably would contradict anything in this Section.
15.2. You may not amend or waive any provision of this Agreement.
15.3. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.4. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.5. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.