Before we start with legal terms, let us tell you about how MyMagicList works…
Posting a recommendation:
- The users create the list: each user creates their own magic list by adding recommendations.
- Each recommendation contains the name of the recommended person or service, service category, and phone number.
- The phone number inserted uniquely identifies the recommended person or service.
- The recommendation awaits admin's approval and is available to the recommender's eyes only.
- When the recommendation is approved, the recommended person or service gets a text message telling them they appear as recommended in MyMagicList.
- The recommended person or service need to approve his public appearance in the index.
- Once the person or service approve their appearance in the index, the recommendation becomes public.
- The recommender can choose for a recommendation to stay "private", and then of course no text message will be sent to the recommended.
- There is a field in each recommendation that always stays private
- Once your recommendation is public, everyone can see it
- Once you published a recommendation, you have no copyrights over it, and it becomes part of MyMagicList property.
Finding professional services
- The user can use the search engine to find recommendations.
- The recommendations presented to the user in this order: user's friends' recommendations, and then the rest of the community members
- When a user opens a recommendation he then sees more recommendations about the service (if there are any)
- A user can look at other MyMagicList users' public lists, and they can look at his.
- If a user finds something interesting, he can add it to his "save for later" list.
- If a user used something he saved for later and enjoyed the service, he can join the recommendation by clicking the heart sign.
- We are not responsible for the services that are recommended in the platform
Being recommended as a service provider in MyMagicList
- Great! You got a recommendation in MyMagicList- that means someone was pleased with your services and decided to add you to his public list.
- You can upgrade your recommendations page by adding photo, logo, address, description, mail, and website link. It costs some money though (not a lot)
- MyMagicList is a social index based solely on users' content.
- The users can see their friends recommendations and decide to take the advice of a friend they trust.
The following terms of service (the "Terms of Service") stipulate the terms and conditions of your use of the website http://www.MyMagicList.com (the "Web site"), Web applications (if and when applicable), mobile applications and online services (if and when applicable) (collectively will be referred to as the "service" or “platform”).
MyMagicList is a social recommendation based platform, with which you may create your own list of recommendations and share experiences and professional services you choose to recommend to your friends, and also receive recommendations from your social media friends.
The service provided by MyMagicList may change from time to time without prior notice. In addition, MyMagicList may cease (permanently or temporarily) providing the service (or any part of it) to you or generally to other users with or without prior notice. The service may include advertisements, which may or may not be related to the content or other information provided through the service.
Your use of the platform constitutes your consent that MyMagicList or service providers presented to you through the service place advertisements through the service.
Changes to the Terms of Service
MyMagicList may, in its sole discretion, make changes to these Terms of Service, from time to time with or without notice. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. Your use of the service following such changes constitutes your acceptance of any such changes. The latest version of these Terms of Service shall be binding and prevail over any other version.
Acceptance of Terms
Your use of the platform is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the platform, you are indicating that you agree to be bound by them. MyMagicList reserves the right to amend, discontinue, limit, cancel, disable or terminate any feature of the service.
You may not use the service and may not accept these Terms of Service if you are not of legal age to form a binding contract in the territory where you reside, or if you are a person barred from using the service under the laws of the country in which you are resident or from which you use the service. MyMagicList may, at its discretion, decide to refuse supplying the service to any person or entity and to change its eligibility criteria at any time.
Registration is required in order to use the service properly. Some information is presented to unregistered visitors, and most of the features of the services require you to log in, which will be done using third party authentication service, at the moment - Facebook. We reserve the right to either discontinue this registration method or use another service. You may be required to re-register with a different method.
You are responsible for any and all activities that occur in your account. Notify us immediately of any unauthorized use of your account or any other breach of security. MyMagicList will not be liable for any loss that you might incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MyMagicList or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder
As a condition of use, you agree to use the service solely for lawful purposes and not to use the service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the service. By way of example, you will not (and will not permit any other person or third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content or User Submission (as defined below) on or through the Service that: (i) is illegal, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as MyMagicList may determine in its sole discretion; (ii) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation; (iii) infringes any patent, copyright, trademark or other intellectual property right; constitutes unauthorized or unsolicited advertising, junk or bulk email; (iv) involves commercial activity not expressly permitted by MyMagicList;
(vi) contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of MyMagicList, its users, or any other individual or entity; or
impersonates any individual or entity, including, without limitation, employees or representatives of MyMagicList.
MyMagicList retains sole and exclusive ownership of all rights, title and interests in the service. This provision shall survive termination and expiration of this Terms of Service and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Service (or any part thereof, or any software underlying the Service), other than as expressly authorized by MyMagicList.
For purpose of these Terms of Service, the term "Content" includes, without limitation, written comments and information, data, text, photos, graphics, in static or interactive feature, owned by or licensed to MyMagicList and which is provided or otherwise made available through the service. MyMagicList may not monitor or control Content posted by users of the service (including use Submission) or other individuals or entities (such as partners or advertisers), and cannot be responsible for such content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk.
You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon, the Content for any purpose other than your own personal use and at all times subject to these Terms of Service.
Content Submitted by Users
MyMagicList may enable you to add, create, submit, distribute or post certain Content, including, without limitation, text, photos, data, graphics, and information (including, without limitation, personal information and location based services information) (each will be reffered as a “Content Submitted by User”) through the Service. By submitting any Content Submitted by User on or through the service, you
acknowledge that you are publishing such Content Submitted by User, and that you may be identified publicly by your User Name in association with such Content Submitted by User;
understand that whether or not such Content Submitted by User is published, MyMagicList does not guarantee, and is not under any obligation of, confidentiality with respect to any Content Submitted by User, and agree that any Content Submitted by User provided in connection with the Service is provided on a non-proprietary and non-confidential basis;
represent and warrant that you own or have all necessary rights and permissions to use and authorize MyMagicList and users of the Service to use all intellectual property rights in and to any Content Submitted by User, and to enable inclusion and use thereof in connection with the Service;
represent and warrant that your Content Submitted by User does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right, or any right of privacy;
grant MyMagicList a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit, the Content Submitted by User in connection with the Service and MyMagicList's business, including, without limitation, in connection with marketing of the Service;
agree that MyMagicList shall have the right, but not the obligation to, edit, delete, modify, reformat, or translate any Content Submitted by User submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such Content Submitted by User, or if MyMagicList is concerned that you may have violated these Terms of Service), or for no reason; and
grant each user of the Service a non-exclusive license to access your Content Submitted by User through the Service and to use, reproduce, distribute, display, perform, and prepare derivative works based upon, such User Submission solely for personal non-commercial uses.
You further acknowledge and agree that you shall be solely responsible for any Content Submitted by User submitted by you and to the consequences of posting or publishing such Content Submitted by User, and you waive any “moral rights” in such Content Submitted by User.
You understand that when using the service, you may be exposed to Content Submitted by User from a variety of sources, and that MyMagicList is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such Content Submitted by User. You may be exposed to Content Submitted by User that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against MyMagicList with respect thereto and you agree to indemnify and hold MyMagicList, its affiliates and their respective directors, officers, employees and agents 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 Service.
MyMagicList operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party as follows:
MyMagicList respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your contact information, including your address, telephone number, and an email address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, MyMagicList will also terminate a user’s account if the user is a repeat infringer who has been notified of infringing activity more than once.
Any and all trademarks, service marks, product names, and trade names of MyMagicList appearing on or through the Service are exclusively owned by MyMagicList. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner's prior written consent.
The Service may contain links to websites or pages which are not maintained by MyMagicList. Links to third party websites are provided for your convenience and information only. Third party web sites are not under MyMagicList’s control and MyMagicList is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites.
The inclusion of a link through the Service does not imply MyMagicList’s endorsement of the third party website nor that MyMagicList is affiliated with the third party website's owners or sponsors.
Disclaimer of Warranties
MyMagicList makes no warranty that the service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. The service is provided on an "as is" and "with all faults" basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, MyMagicList explicitly disclaims any warranties, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement and quality of service. You acknowledge and agree that use of the service is at your own discretion and sole risk and that the entire risk as to the results and performance of the service, including, without limitation, any damages to your computer system, mobile device or data stored on it, is solely yours.
Limitation of liability
You acknowledge and agree that in no event will MyMagicList (including, without limitation, its affiliates and their respective officers, directors, emlpoyees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of theservice, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that MyMagicList may change the service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.
MyMagicList may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated with your Account. If you wish to terminate your Account, you may do so by sending MyMagicList an email to contact@MyMagicList.com specifying your request and providing MyMagicList with your name and email address. If you terminate your Account, your profile will be removed from the Service, however, deletion may not be immediate and MyMagicList may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
MyMagicList is not responsible for the duration of the cache version kept by search engines.
These Terms of Service constitutes the entire agreement between the parties concerning the subject matter hereof. (The Service shall be provided in accordance with, and these Terms of Service shall be governed by, the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the district of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties related to this Terms of Service. These Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. One may not assign or otherwise transfer by operation of law or otherwise these Terms of Service or any right or obligation herein without the express written consent of MyMagicList. MyMagicList expressly reserves its right to assign or transfer these Terms of Service and to delegate any of its obligations hereunder at its sole discretion. If any part of these Terms of Service is found void and unenforceable, it will not affect the validity of the balance of the Terms of Service, which shall remain valid and enforceable according to its terms. The failure of MyMagicList to act with respect to a breach of these Terms of Service by you or others shall not constitute a waiver and shall not limit MyMagicList's rights with respect to such breach or any subsequent breaches.
MyMagicList is about sharing professional service you used, things you want to do, have done and recommend with your friends and the MyMagicList network.
Information we may collect from you:
Information that you provide when using the MyMagicList service. This includes information provided at the time of registering to use our service (including information you grant access to from your Social Network accounts like Facebook), using our services (adding to do items, notes and making recommendations for example), or requesting further services. We may also ask you for information when you report a problem.
When you contact us, we may keep a record of that correspondence to help us respond to your message.
Details of your visits to our service including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access. This helps us provide and improve our service.
Details of transactions you carry out through our service and of the fulfilment of your orders. Again, this is to help us fulfil our service and for our own financial accounting.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
IP addresses and cookies: We may collect information about your computer including, where available, your IP address, operating system and browser type. This is to help us provide and improve our service and to allow us to report aggregate (anonymous) information to our partners.
recognise you when you return to our service.
speed up your searches.
measure audience size and usage pattern.
store information about your preferences, and so allow us to customise our service according to your individual interests.
Information we may collect about others:
We may collect and process the following data about others that you provide us with, including (but not limited to) information that you provide by filling in forms on the MyMagicList service. You represent and warrant to us that you have obtained the express consent from the individuals whose data you provide us with.
How we may use your information:
To ensure that content from our service is presented in the most effective manner for you and for your computer.
To allow you to participate in interactive features of our service, when you choose to do so.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To notify you about changes to our service.
If you are an existing customer, we will only contact you by e-mail or mobile application notifications with information about goods and services similar to those you have previously shown an interest in.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
We do not disclose information about identifiable individuals to our partners, but we may provide them with aggregate information about our users. We may also use such aggregate information to help partners improve their products, services and/or marketing.
We may disclose your personal information to any partner of MyMagicList or to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If MyMagicList, or substantially all of its assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Our service may, from time to time, contain links to and from the services of our partner networks, advertisers and affiliates. If you follow a link to any of these services, please note that these services have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these services.