MagicPin®
Terms of Use
Last modified January 1, 2025
These Terms of Use (the “Terms”) constitute a binding agreement between you and S&P
Holbrook LLC dba MagicPin® (“MagicPin®,” “we,” or
“us”) with respect to your access to or use of the Service (as defined herein). The
Service is offered subject to your acceptance, without modification, of all terms and conditions set forth
herein.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT“ OR BY ACCESSING OR USING THE SERVICE IN ANY
MANNER, YOU:
(A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS,
CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE
MAGICPIN PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN
THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER
ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON
SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
THESE TERMS MAY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY
TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTIONS 25(c) (GOVERNING LAW; DISPUTE RESOLUTION) AND (d)
(CLASS ACTION AND JURY WAIVER) BELOW.
MAGICPIN MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE
VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.
“You” as used herein means the natural person or entity that has agreed to be bound by these Terms,
including, without limitation and as dictated by the circumstances, (i) in the capacity of a transferor of
Collectables (as defined below), either via sale or trade (a “Transferor“), and (ii) in
the capacity of a transferee
of Collectables, either via sale or trade (a “Transferee“).
- THE SERVICE. MagicPin operates an online service through its mobile software
application known
as “MagicPin” (the “App“) and through its website with a homepage at
https://www.magicpinapp.com/, including
such subdomains and other websites as MagicPin may designate from time to time (the “Site“),
including all
features, content, tools, applications, application program interfaces, widgets and other tools and services
included on the App or Site (collectively, the “Service“), which Service allows
users to search for, offer, buy,
sell, and trade tradable Disney pins, memorabilia, and/or other collectables, including, without limitation,
cloisonné, semi- cloisonné, or hard-enamel metal Disney pins, or acceptable Disney operating participant pins,
that represent a specific Disney event, place or location, character or icon
(“Collectables“).
- CHANGES TO THE AGREEMENT. MagicPin reserves the right to modify or change these
Terms, as well as any fees and other amounts charged for the Service, at any time and in its sole discretion.
Any modifications or changes will be effective immediately upon posting on the App and Site, unless otherwise
specified in the updated Terms. You waive any right you may have to receive specific notice of any modifications
or changes, except as otherwise required by law. Your continued access to and use of the App, the Site, or the
Service confirms your acceptance of these Terms and any changes or modifications made to these Terms. You should
review these Terms and the Privacy Policy frequently and ensure you understand all terms, conditions, and
policies applicable to your access to and use of the App, the Site, and the Service .
- ACCESS TO THE SERVICE. 3.Subject to and conditioned upon your compliance with these
Terms, MagicPin hereby grants to you a personal, revocable, limited, non-transferable, non-exclusive right to
use the features and functionality of the Service to download the App onto your mobile device and use the App
solely for your personal, non-commercial use. MagicPin may suspend or terminate your access to the Service or
any component thereof at any time and for any reason, including if MagicPin determines you have violated any
term or condition of these Terms. We may modify, terminate, or replace the App, the Site, and/or the Service
from time to time in our sole discretion and without prior notice.
- USER ACCOUNTS. In order to access and use the Service or certain features thereof,
you will be required to establish a MagicPin profile and user account (a “User Account“).
You must provide true,
accurate, current, and complete information as prompted by the applicable registration form, and you are
responsible for keeping such information up to date. You are responsible and liable for all activities conducted
through your User Account, regardless of who conducts those activities. You are responsible for maintaining the
confidentiality of any user IDs, passwords and other credentials associated with your User Account, and shall
immediately notify MagicPin of any actual or suspected unauthorized access to or use of your User Account or any
associated user IDs, passwords, or other credentials. You will cooperate fully with MagicPin and take all
actions that MagicPin reasonably deems necessary to maintain or enhance the security of the Service or
MagicPin’s computing systems and networks and your access to the Service. MagicPin is not and shall not be
deemed liable for any loss or damage to you arising from your failure to comply with this Section 4.
- YOUR CONTENT.
- User Content. As between you and MagicPin, you are solely responsible for the
accuracy, quality, integrity, legality, reliability, and appropriateness of all information, data,
materials, trademarks, tradenames, images, logos, and other content (including, without limitation, User
Messaging (as defined below)) that you upload, input, or post to or in connection with the Service
(“User Content“). Without limiting the generality of the foregoing, you
shall not upload, input or post
any User Content or other information, materials or content that (i) infringes the intellectual property
rights, rights of privacy or publicity, or other proprietary rights of any third party, (ii) is
inaccurate, incomplete, or incorrect, or that otherwise misrepresents or misidentifies any Collectable,
(iii) violates any applicable law, (iv) is, or is likely to be considered, immoral, libelous, tortuous,
defamatory, threatening, vulgar, or obscene or harmful to minors, or (v) contains any malware, viruses,
Trojan horses, spyware, worms, or other malicious or harmful code.
- License to User Content. You hereby grant to MagicPin a non-exclusive, perpetual, irrevocable,
worldwide, royalty-free, fully paid-up, and fully sublicensable right (including any moral rights) and
license to use, store, copy, distribute, publicly perform, communicate to the public, host, stream,
publicly display, modify, and create derivative works of any User Content for any and all MagicPin
business purposes, including to operate the Service and to make the Service available to MagicPin users.
You represent and warrant to MagicPin that you have all rights necessary to grant the rights and
licenses granted to MagicPin under these Terms.
- MagicPin® Obligations. You acknowledge and agree that MagicPin does not, nor is it
obligated to, monitor or police any communications or data, information, materials, or content
(including User Content, Participant Content (as defined below) or User Messaging) transmitted through
or posted to the App, the Site, or the Service, and MagicPin will not be responsible for such data,
information, materials, or content (including User Content, Participant Content, or User Messaging).
Notwithstanding the foregoing, however, MagicPin may, at its option and in its sole discretion, monitor
and review or remove or delete from the App, the Site, or the Service any data, information, materials,
or content (including any Client Content, Participant Content, or User Messaging) that MagicPin
determines violates these Terms.
- CONTENT FROM OTHER USERS. The Service contains content provided by other MagicPin users
(“Participant Content“). MagicPin is not responsible for and does not control
Participant Content, including,
without limitation, the accuracy or completeness of the same. You acknowledge and agree that your use of
Participant Content and your interaction with other users through the App, the Site, and/or the Service is at
your own risk. YOU UNDERSTAND AND ACKNOWLEDGE THAT MAGICPIN DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS, NOR
DOES MAGICPIN ATTEMPT TO VERIFY THE ACCURACY OR COMPLETENESS OF ANY PARTICIPANT CONTENT. MAGICPIN MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU FOR, THE CONDUCT OF ITS USERS OR FOR ANY
PARTICIPANT CONTENT. YOU AGREE AND ACKNOWLEDGE THAT MAGICPIN WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM
THAT MY RESULT FROM YOUR INTERACTION WITH OTHER USERS. You agree to, and hereby do, release MagicPin and its
successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal
injuries, death and property damage, that either directly or indirectly arise from your interactions with, or
the conduct of, other users of the Service. If you are a California resident, you hereby waive California Civil
Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing
party does not know or suspect to exist in his or her favor at the time of executing the release and that, if
known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- CONTENT TRANSMITTED THROUGH THE SERVICE. The Service includes certain features that
enable you to message other users and to display information about you and your Collectables, including in real
time (collectively, “User Messaging“). Any opinions, recommendations, offers,
advice, or other information
disseminated through User Messaging are those of the respective user, and MagicPin shall have no responsibility
or liability with respect to the same. All User Messaging is subject to the requirements and restrictions set
forth in Section 5(a) hereof. If you believe that another user has violated these Terms, including, without
limitation, with respect to User Messaging or Participant Content, please promptly report the violation to
MagicPin using the reporting functionality available in the App.
- RESTRICTIONS. You agree to use the Service solely for your personal, non-commercial
use, in accordance with all documentation relating to the Service made available by MagicPin (as the same may be
updated from time to time), and in accordance with all applicable law. You shall not, nor shall you attempt to:
(i) copy, reproduce, frame, mirror, modify, decompile, disassemble, create derivative works based on, or reverse
engineer the Service or any associated software or materials (except to the extent that applicable law prohibits
or restricts reverse engineering restrictions); (ii) copy, modify, create derivative works of, retransmit, sell,
license, exploit, reuse, repost, broadcast, or otherwise distribute any content made available to you through
the Service, including without limitation, Participant Content; (iii) provide any third parties with access to
any of the Service, or use any of the Service for time sharing or similar purposes for the benefit of any third
party; (iv) sell, resell, rent or lease the Service; (v) remove any copyright or proprietary notices contained
in the Service or any output thereof; (vi) breach, disable or tamper with, or develop or use (or attempt) any
workaround for, any security measure provided or used by the Service; (vii) scrape or access the Service via any
bot, web crawler or non-human user; (viii) access or use (or permit a third party to access or use) the Service
for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the
Service or for any other benchmarking or competitive purposes; (ix) misrepresent your identity; (x) stalk or
harass any other user of the Service; (xi) attempt to gain unauthorized access to the Service or any related
systems, software or networks; (xii) access the Service in order to build a competitive product or service, or
copy any features, functions or graphics of the Service; (xiii) use the Service to transmit viruses or malicious
code; (xiv) manipulate the price of any Collectable or interfere with any other user’s listing; (xv)
misrepresent any Collectable; or (xvi) make any use of, or take any other action with respect to, the App, the
Site, or the Service or any component thereof in a manner that violates applicable law or any provision of these
Terms.
- APP STORE TERMS. With respect to any App accessed through or downloaded from the Apple App
Store, Google Play Store, or any similar store or marketplace (each, an “App
Store”), you agree to comply with all applicable terms and conditions of such App Store.
- APP USE. When you access the Service through the App, you may incur a fee for data usage or
other costs from your wireless provider. You agree that you are solely responsible for your use of the Service
on your mobile device and adherence to your wireless provider’s terms and conditions.
- TERM AND TERMINATION. These Terms shall remain in full force and effect while you
use or have access to the Service. MagicPin may terminate or restrict your access to any or all of the Service
or your User Account, for any reason and without warning, and MagicPin reserves the right to discontinue or
modify any aspect of the App, the Site, or the Service at any time. Any termination of these Terms is without
prejudice to any rights and obligations of the parties accrued up to and including the date of termination. Upon
termination of these Terms, you will remain liable for any accrued charges and amounts due as of the date of
such termination, and shall immediately cease to use the Service.
- SUBSCRIPTIONS AND IN-APP PURCHASES.
- Subscription Plans. Although MagicPin currently offers limited access to the Service free of
charge to users, certain enhanced access, Service features, and other benefits may be purchased by users
on a paid subscription basis (“Premium Service“). Your purchase of a
Premium Service will be subject to,
and the benefits available to you under your selected subscription tier will be described in, those
terms disclosed to you at the time of purchase as well as any additional terms for in-app purchases that
apply to your account with the mobile platform through which you are accessing the Service. Except where
otherwise set forth at the point of purchase, and except where you purchase a “lifetime” subscription,
any Premium Service purchased shall automatically renew for additional subscription terms of the same
length unless your Premium Service is canceled by you or terminated by us before the date of such
renewal. YOU MUST CANCEL YOUR PREMIUM SERVICE BEFORE IT RENEWS FOR A RENEWAL PERIOD IN ORDER TO AVOID
BILLING FOR THE RENEWAL PERIOD TO YOUR PAYMENT METHOD (AS DEFINED BELOW) AT MAGICPIN’S THEN-CURRENT
PRICE FOR SUCH PREMIUM SERVICE. Should you wish to cancel your Premium Service, you may do so through
the native settings to your mobile device. You may cancel your Premium Service at any time; however, any
such cancellation will not become effective until the expiration of your then-current subscription term
and you will continue to have access to the Premium Service during any period for which you have already
paid. MAGICPIN DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PREMIUM SERVICE, INCLUDING FOR ANY
PARTIALLY-USED SUBSCRIPTION TERMS.
- Other In-App Purchases. MagicPin may also offer additional features and services for purchase
on the App (“In-App Purchases“). If you choose to make an In-App Purchase,
you acknowledge and agree
that additional terms, disclosed to you at the point of purchase, may apply (including, without
limitation, additional terms that apply to your account with the mobile platform through which you are
accessing the Service), and that such additional terms are incorporated herein by reference.
- Payment Method. You must have a current and valid credit card, debit card, or other payment
method (including, as more specifically set forth in Section 13 hereof, a PayPal account) acceptable to
or as specified by MagicPin (a “Payment Method“) in order to purchase any
Premium Service, make an
In-App Purchase, or otherwise make purchases through or access certain functionality of the App and
Service. By establishing a User Account and providing your Payment Method to MagicPin during the
registration process or otherwise, you are expressly authorizing MagicPin to charge any purchases you
make in connection with your use of the Service to the Payment Method you provided at registration (or
to a different Payment Method if you change your Payment Method information in your User Account or
provide us with a different Payment Method in connection with a purchase), including, without
limitation, periodic subscription fees for any Premium Service, or for In-App Purchases, Collectable
purchases, and any associated taxes and fees (including Service Fees (as defined below)). Please note
that prices and fees (including Service Fees) are subject to change at any time upon posting. ALL
SUBSCRIPTION FEES, SERVICE FEES, AND OTHER CHARGES ARE FULLY EARNED UPON PAYMENT AND ARE NON-REFUNDABLE.
BETWEEN YOU AND MAGICPIN, YOU, AND NOT MAGICPIN, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR
MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY AN APP STORE OR THIRD PARTY WHO HAD ACCESS TO THESE
ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
- Taxes. The fees specified in these Terms or otherwise applicable to the Service are exclusive
of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT)
(collectively, “Taxes“). You are responsible for payment of all Taxes and
any related interest and/or
penalties resulting from any payments made hereunder, other than any taxes based on MagicPin’s net
income.
- Promotions. MagicPin may offer from time to time promotions on the App or the Site
or with respect to the Service that may affect pricing and that are governed by terms and conditions
separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the
promotion terms will govern.
- PAYMENT PROCESSORS. We utilize a third-party payment service, currently PayPal, to process
certain transactions conducted through the Service. If you wish to purchase, sell, or (where conducted other
than on an in-park, in-person basis) trade Collectables through the Service, you must have an active and valid
PayPal account and you must provide to us (through inclusion in your User Account profile and as otherwise
required in connection with any transaction) all requested information with respect to your PayPal account. Our
choice of third-party payment service is subject to change in our discretion. In the event that we elect to
change payment service providers, you will promptly set up an account with such new payment service provider, as
instructed by us. Any failure by you to secure and maintain a PayPal account (or such other payment service
provider account as we may require) may result in suspension of your access to some or all of the Service. You
agree to the terms of PayPal, available for review at https://www.paypal.com/us/webapps/mpp/ua/platform-seller-agreement,
13.(or any successor payment service we select). You agree and acknowledge, however, that PayPal (and any
successor payment service provider) is a Third Party Service (as defined below), and is not owned or controlled
by MagicPin. As more specifically set forth in Section 17 hereof, MagicPin is not responsible, and shall not be
liable to you, for the products, services, or conduct of PayPal (or any successor payment service provider).
- PURCHASE, SALE, AND TRADE TRANSACTIONS
- Transactions; Assumption of Risk. The Service provides a platform through which you may choose
to buy, sell, and trade Collectables with other users of the Service. You assume certain risks by using
this Service and engaging in such transactions. All transactions relating to the purchase, sale, or
trading of Collectables in which you engage are directly and solely between you and the applicable user.
Except as expressly set forth in and limited by Section 14(g), MagicPin is not involved with, nor
provides a warranty for, any transaction between you or any other user, nor has title to any
Collectables, and is not a Transferor or Transferee in any transaction. MagicPin is not an auctioneer.
MagicPin does not transfer legal ownership of Collectables from Transferors to Transferees. You, as
Transferor and/or Transferee, assume, agree, and understand that you engage in any transaction hereunder
at your sole risk, and MagicPin shall have no liability or responsibility with respect to the same.
- Transaction Disputes. Notwithstanding anything herein to the contrary, including any use by you
of the Verification Service (as defined below), MagicPin is not a party to any transaction between you
and any other user of the Service, even where such transaction is facilitated by the Service. You agree
and acknowledge that MagicPin has no obligation, and will not, resolve disputes arising with respect to
transactions between you and other users. If you have concerns with or would like to dispute your sale
or purchase of any Collectables through the Service, please contact PayPal or the then-current
third-party payment processor that processed the applicable transaction. Notwithstanding the foregoing
or anything herein to the contrary, however, MagicPin reserves the right to terminate your access or the
access of any other user to the Service, without refund of any nature, should MagicPin determine, in its
reasonable discretion, that you or such user have violated these Terms in any manner.
- Fees. Transactions completed through the Service (including, without limitation, for use of the
Verification Service) may be subject to certain fees payable to MagicPin (“Service
Fees“). Any Service
Fees will be disclosed at the point of purchase, sale, or trade, as applicable, though may be processed
as a separate transaction from the underlying purchase, sale, or trade to which the Service Fees relate.
ALL SERVICE FEES ARE FULLY EARNED UPON PAYMENT AND ARE NON-REFUNDABLE. For the avoidance of doubt,
Service Fees will not be subject to credit or refund, even in cases where the underlying transaction is
later disputed or refunded.
- Collectables. MagicPin prohibits the listing, sale, or trade of any items other than
Collectables through the Service. You agree that you shall not post to the Service or offer for
purchase, sale or trade, any item that is not a valid Collectable. MagicPin prohibits the listing, sale,
or trade of counterfeit Collectables. MagicPin reserves the right to remove from the Service any listing
relating to an item that MagicPin determines, in its sole and complete discretion, does not qualify as a
valid Collectable. You are solely responsible for any defect or non-conformity, and for complying with
any recall or safety alerts, with respect to any Collectable you list on the Service. You will
immediately remove any listing of a Collectable upon issuance of any recall or safety alert or
allegation of infringement with respect to the applicable Collectable.
- Transferors. With respect to any circumstance in which you are or act as a Transferor
hereunder, you represent, warrant, and covenant that (i) you have all rights necessary to sell, trade,
or offer for sale or trade, any Collectables you make available, and (ii) you will describe each such
Collectable truthfully, accurately, and completely. You acknowledge and understand that you enter into a
legally binding contract when you make any offer to sell or trade a Collectable and thereafter confirm
such sale or trade by clicking the “Confirm Trade” button (or similar button) on the App.
- Transferees. With respect to any circumstance in which you are or act as a Transferee
hereunder, you agree and acknowledge that you are solely responsible for reading the full Collectable
listing before offering to purchase or trade the applicable Collectable. You further agree and
acknowledge that you enter into a legally binding contract to purchase or trade a Collectable, as
applicable, when you commit to purchase such Collectable (including by clicking the “Place Order” button
on the App) or when you accept an offer (without modification) to trade such Collectable (including by
clicking the “Confirm Trade” button on the App). By committing to purchase any Collectable, you
authorize MagicPin to charge your Payment Method for the purchase amount, plus all related Service Fees
and other fees, taxes, and shipping charges.
- Verification Service. In connection with any sale or trade of Collectables conducted through
the Service (except where such sale or trade is consummated in-person by Transferor and Transferee at a
Disney park as contemplated in Section 14(i)), Transferor and Transferee may, as part of the Service,
elect to send the Collectable to a third party engaged by MagicPin (a “Verification
Agent“), at the
address provided through the App, for verification by the Verification Agent prior to transfer of the
Collectable to the Transferee (the “Verification Service“). In connection
with the Verification Service,
the Verification Agent will conduct an inspection of the provided Collectable to determine whether the
Collectable conforms, in appearance, to the Collectable listing posted by Transferor to the App. In the
event that the Verification Agent determines that the Collectable does not conform to the applicable
Collectable listing (a “Non-Conforming Collectable“), the Verification
Agent will so inform Transferor
and Transferee through the App and reverse the trade or sale, as applicable. Any Non-Conforming
Collectables shall be returned to Transferor at Transferor’s cost and expense, which may be charged to
its User Account via the App. MagicPin further reserves the right to suspend or terminate the access of
any Transferor that MagicPin determines has attempted to trade or sell any Non-Conforming Collectable.
For the avoidance of doubt, the Verification Agent’s examination of the Collectable will be limited to a
visual inspection of the Collectable to confirm that the Collectable appears to be the item listed by
the Transferor. The Verification Service does not include any examination to determine the authenticity
and/or value of any Collectable, and neither MagicPin nor the Verification Agent shall have any
obligation or liability with respect to forged or counterfeit Collectables. Any provision of the
Verification Service will be subject to such fees as may be displayed through the App at the time of the
acceptance of the sale or trade. All shipping costs and other fees charged or incurred with respect to
the Verification Service are non-refundable, except where otherwise determined by MagicPin in its sole
and absolute discretion.
- Shipping. Except as otherwise set forth in Section 14(i) below, promptly following your receipt
of notification through the App that any of your Collectables have been sold or accepted for trade, but
in any event within 5 business days of such confirmation, you must ship the applicable Collectable to
(i) the Verification Agent, where you and the Transferee have elected to use the Verification Service,
or (ii) the Transferee, where you and the Transferee have elected not to use the Verification Service.
All Collectables must be appropriately packaged in a manner sufficient to prevent damage in transit,
including, without limitation, through the use of bubble wrap or other appropriate packaging materials.
All packages should be securely sealed and must be clearly marked with the shipping address provided
through the App (whether to the Transferee or Verification Agent). You must also follow such additional
shipping instructions or guidelines as may be posted on the App from time to time. To ensure the safety
of exchanged Collectables, MagicPin suggests that all Collectables be shipped via First Class Mail with
tracking and proof of delivery, with the tracking number provided to the Transferee or Verification
Agent, as the case may be. All Collectables shipped by you hereunder must be marked as “Shipped”
promptly following delivery to the carrier. As between a Transferee and Transferor, the Transferor will
retain risk of loss with respect to any shipped Collectable until the time of delivery to the address
provided by the Transferee. Please note that you will not receive payments otherwise due to you as a
Transferor for Collectables that are not delivered to the Transferee. The Transferee is responsible for
all shipping costs incurred with respect to Collectables purchased or accepted for trade.
- In-person Exchanges. You understand that, where you have enabled the relevant functionality
through the App, the App may identify your location if you are within the geofence of a supported Walt
Disney theme park, resort, or other Walt Disney destination (a “Disney Destination”), and display this
information to other users of the App that have agreed to be geolocated and whose mobile device is
likewise located within the geofence of the same Disney Destination. Where both a Transferor and a
Transferee have enabled this functionality and are located within the geofence of the same Disney
Destination, the Transferor and Transferee may elect to exchange any Collectable that is the subject of
an agreed-to trade or sale through the App on an in-person basis. You assume all risks associated with
any in-person exchange of Collectables facilitated in any way by the Service, including, without
limitation, the risk of property damage, injury, or death. YOU AGREE AND ACKNOWLEDGE THAT MAGICPIN WILL
NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MAY RESULT FROM YOUR PARTICIPATION IN ANY IN-PERSON
COLLECTABLE EXCHANGE OR OTHER TRANSACTION FACILITATED BY THE SERVICE. You agree to, and hereby do,
release MagicPin and its successors from any claims, demands, losses, damages, rights, and actions of
any kind, including personal injuries, death and property damage, that either directly or indirectly
arise from your interactions with, or the conduct of, other users of the Service. If you are a
California resident, you hereby waive California Civil Code Section 1542, which states, “A general
release does not extend to claims that the creditor or releasing party does not know or suspect to exist
in his or her favor at the time of executing the release and that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.” Should you be unable to
exchange any Collectable via an in-person exchange, transfer of the Collectable should be completed in
accordance with the shipping terms set forth in Section 14(h) above.
- Taxes. j.Purchased or traded Collectables may be subject to applicable taxes in your
jurisdiction, which MagicPin will collect from Transferees on behalf of Transferors where legally
obligated to do so, and in the event taxes are collected and MagicPin is legally obligated to do so,
remit such taxes to applicable taxing authorities on behalf of Transferor. Note that taxes are not
included in the listed price for Collectables, but will be displayed before confirmation of purchase.
Taxes are based on several factors, including price, location, and state, local, federal, or other
applicable rates at the time of purchase. Although we may assess taxes upon transactions conducted
through the Service, you are ultimately responsible for the verification and reporting of any and all
applicable taxes to the appropriate tax authorities, including instances where MagicPin does not collect
taxes on your behalf. MagicPin shall have no liability for any taxes owed to any taxing authority by you
as a result of any actions you take on or through the Service or App, and you agree to indemnify and
hold MagicPin harmless with respect to the same.
- International Buying, Selling, and Trading. Some components of the Service may be accessible
internationally. We may elect to offer certain programs or tools to international Transferors and
Transferees, including as may relate to the calculation of taxes. Notwithstanding the foregoing or
anything herein to the contrary, however, you (and not MagicPin) are solely responsible for complying
with all applicable laws and regulations (whether foreign or domestic) governing your access to or use
of the App, Site, and/or Service, including, without limitation, any laws or regulations applicable to
the international sale, purchase, trade, shipment, or taxation of Collectables.
- Pin Transfers Outside of the Service. You agree and acknowledge that, where you elect to
conduct the sale, purchase, or trade of any Collectable outside of the Service, even where such sale,
purchase, or trade was first proposed via the Service, MagicPin will have no record of such transaction.
Without limiting the other disclaimers and limitations of MagicPin’s liability and obligations
hereunder, you agree and acknowledge that MagicPin shall have no responsibility or liability whatsoever
for any transactions conducted by you outside of the Service.
- PRIVACY.
- Our Use of Personal Information. You acknowledge and agree that information collected by
MagicPin is subject to our Privacy Policy. By accessing or using the Service, you consent to all actions
we take with respect to your information in compliance with our Privacy Policy.
- Your Use of Personal Information. Through your use of the Service, including, without
limitation, your involvement in transactions or proposed transactions with other users of the Service,
you may be provided or receive access to the personal information of other users of the Service (“User
Information“). You agree that you shall only access or use User Information
exclusively for the purpose
for which it was provided or made available to you. You may not disclose, sell, rent, or distribute any
User Information to a third party for any purpose not directly related to and necessary for your use of
the Service. Additionally, you may not use User Information for marketing purposes, via electronic or
other means, unless you obtain the consent of the specific user to do so.
- INTELLECTUAL PROPERTY.
- MagicPin® Intellectual Property. As between you and MagicPin, the App, Site, and Service, and
all software and other technologies embodied in or used to provide any of the foregoing, and all
intellectual property rights therein or relating thereto, are and shall remain the exclusive property of
MagicPin. No rights are granted to you other than as expressly set forth herein.
- User Content. As between you and MagicPin, but subject to Section 5(b) hereof, you own all
right, title and interest in and to the User Content.
- Feedback. To the extent you provide MagicPin with any suggestions, feature requests, evaluation
results, feedback, or other input in relation to any aspect of the App, Site, or Service (collectively,
“Feedback“), you hereby assign and agree to assign to MagicPin all right,
title and interest in and to
such Feedback, including any intellectual property rights therein, and agree that MagicPin will be free
to use such Feedback in any manner, including by implementing such Feedback in the App, Site, Service,
and/or MagicPin’s other technologies, products and services, without compensation or other obligation to
you.
- Data Use. Without limiting any of MagicPin's other rights hereunder, MagicPin shall have the
right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis
using, reproduce and otherwise use, on a de-identified basis, any information, including, without
limitation, usage information, that MagicPin learns, acquires or obtains in connection with these Terms,
within the scope of its regular business operations, including, without limitation, (i) developing,
operating, and ensuring the integrity of data sets, algorithms or other analytical tools, (ii) testing,
implementing, benchmarking, integrating, developing, optimizing or improving MagicPin software and other
products and services, and (iii) marketing, distributing, or otherwise making MagicPin products and
services available to its customers.
- THIRD PARTY APPLICATIONS. The Service may contain links to or otherwise utilize or allow
you to access third party applications and services (“Third Party Services“) that
are not owned or controlled by
MagicPin. When you access third party websites or Third Party Services, you do so at your own risk. MagicPin
encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of
each third-party website or Third Party Service (“Third Party Terms“) that you
visit or from which you access
any product or service. MagicPin has no control over, and assumes no responsibility for, the content, accuracy,
Third Party Terms, or practices of any third-party website or Third Party Service. In addition, MagicPin will
not and cannot monitor, verify, censor, or edit the content of any third-party website or Third Party Service.
When you visit or use a third party’s website or Third Party Service, you acknowledge that such website or Third
Party Service is subject to the applicable Third Party Terms, and you release us from any liability arising from
your use of such websites or Third Party Service. You acknowledge that we are not responsible for such third
parties or their products or services. Any such activities, and any Third Party Terms associated with such
activities, are solely between you and the applicable third party.
- DISCLAIMER OF WARRANTIES. THE APP, SITE, AND SERVICE, INCLUDING, WITHOUT LIMITATION, THE
VERIFICATION SERVICE AND ANY PRODUCTS, SERVICES, OR BENEFITS MADE AVAILABLE TO YOU WITH RESPECT TO ANY PREMIUM
SERVICE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND
MAGICPIN HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND
NON-INFRINGEMENT. NEITHER MAGICPIN NOR ANY PERSON ASSOCIATED WITH MAGICPIN MAKES ANY REPRESENTATION OR WARRANTY
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, SITE, OR
SERVICE, INCLUDING, WITHOUT LIMITATION, THE VERIFICATION SERVICE AND ANY PRODUCTS, SERVICES, OR BENEFITS MADE
AVAILABLE TO YOU WITH RESPECT TO ANY PREMIUM SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER MAGICPIN NOR
ANYONE ASSOCIATED WITH MAGICPIN REPRESENTS OR WARRANTS THAT THE APP, SITE, OR SERVICE (INCLUDING, WITHOUT
LIMITATION, THE VERIFICATION SERVICE AND ANY PRODUCTS, SERVICES, OR BENEFITS MADE AVAILABLE TO YOU WITH RESPECT
TO ANY PREMIUM SERVICE), OR ANY RESULTS GENERATED THEREFROM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP, SITE, OR SERVICE (INCLUDING, WITHOUT LIMITATION,
THE VERIFICATION SERVICE AND ANY PRODUCTS, SERVICES, OR BENEFITS MADE AVAILABLE TO YOU WITH RESPECT TO ANY
PREMIUM SERVICE) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
THAT THE APP, SITE, OR SERVICE (INCLUDING, WITHOUT LIMITATION, THE VERIFICATION SERVICE AND ANY PRODUCTS,
SERVICES, OR BENEFITS MADE AVAILABLE TO YOU WITH RESPECT TO ANY PREMIUM SERVICE) WILL OTHERWISE MEET YOUR NEEDS
OR EXPECTATIONS. MAGICPIN MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY BID NOTIFICATIONS OR UPDATES WILL
OCCUR IN REAL TIME, OR THAT YOU MAY BE ABLE TO PURCHASE, SELL OR TRADE ANY COLLECTABLE ON OR THROUGH THE APP,
SITE, OR SERVICE. MAGICPIN FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR
LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICE, ANY THIRD PARTY SERVICE (INCLUDING, WITHOUT
LIMITATION, PAYMENT PROCESSING SERVICES), OR THE QUALITY OR AVAILABILITY OF ANY COLLECTABLE. AS BETWEEN YOU AND
MAGICPIN, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE APP, SITE,
AND SERVICE (INCLUDING, WITHOUT LIMITATION, THE VERIFICATION SERVICE AND ANY PRODUCTS, SERVICES, OR BENEFITS
MADE AVAILABLE TO YOU WITH RESPECT TO ANY PREMIUM SERVICE), AND ALL CONTENT AND RESULTS GENERATED THEREBY OR
AVAILABLE THROUGH ANY OF THE FOREGOING.
- INDEMNITY. You agree to indemnify, defend, and hold MagicPin and its officers, directors,
employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses,
damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or
relating to (a) your violation of these Terms, including, but not limited to, any access to or use of the App,
Site, or Service in any manner not expressly authorized hereunder; (b) any claim that the User Content
infringes, misappropriates, or otherwise violates the intellectual property rights or rights of privacy or
publicity of any third party; (c) your negligence or willful misconduct; and (d) your breach of any applicable
law, rule, or regulation or your violation of the rights of any third party. We reserve the right, at our own
expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in
such event you agree to cooperate with us in defending such action.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAGICPIN OR
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO,
USE OF, OR INABILITY TO ACCESS OR USE THE APP, SITE, OR SERVICE (INCLUDING, WITHOUT LIMITATION, THE VERIFICATION
SERVICE AND ANY PRODUCTS, SERVICES, OR BENEFITS MADE AVAILABLE TO YOU WITH RESPECT TO ANY PREMIUM SERVICE),
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA,
DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION,
MAGICPIN IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER
OF THESE TERMS, IN NO EVENT WILL MAGICPIN’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL
AMOUNT OF FEES, IF ANY, PAID BY YOU TO MAGICPIN IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING
RISE TO THE CLAIM. If you are not satisfied with the App, Site, or Service, your sole and exclusive remedy is to
cancel your subscription to the Premium Service, if any, and cease all access to and use of the App, Site, and
Service
Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other
damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular
circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law,
then, instead of the provisions hereof in such particular circumstance, MagicPin shall be entitled to the
maximum limitations on damages and liability available at law and equity in that particular circumstance.
You and MagicPin understand and agree that the disclaimers, exclusions, and limitations in this Section 20 and in
Section 18 are essential elements of these Terms and that they represent a reasonable allocation of risk. In
particular, you understand that MagicPin would be unable to make the App, Site, or Service available to you
except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in
these Terms is found to have failed of its essential purpose.
- DIGITAL MILLENNIUM COPYRIGHT ACT.
MagicPin is committed to respecting and protecting the legal rights of copyright owners in accordance with the
Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any
content infringes your intellectual property rights, please submit a notice to us describing such infringement
(a “DMCA Takedown Notice“) with the following information:
- ●A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at
a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access disabled and information reasonably sufficient to permit the service provider to
locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, email address;
- A statement 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, under penalty of perjury, the information in the notification is accurate and you are
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
Any DMCA Takedown Notice should be sent to: magicpinapphelp@gmail.com. You acknowledge that for MagicPin to be
authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this
Section.
- SERVICE SUPPORT. If you encounter technical problems when using the Service, please email
magicpinapphelp@gmail.com.
- PROHIBITED COUNTRIES POLICY AND FOREIGN TRADE REGULATION. Neither the App nor its
underlying technology may be downloaded to or exported or re-exported: (a) into (or to a resident or national
of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of
Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to
any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the App, you are
responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located
in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as
a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted
parties).
- OPERATION FROM THE UNITED STATES. The Service is hosted by servers located in the United
States. Using the Service may be prohibited or restricted in certain other countries. If you use the App, Site,
or Service from outside of the United States, you are responsible for complying with the laws and regulations of
the applicable territory. Without limiting the foregoing, if you attempt to use the App, Site, or Service from
a physical location in the European Union, Asia, or any other region with laws or regulations governing personal
data collection, use, and disclosure that differ from United States laws, please be advised that through your
continued use of the App, Site, or Service, which is governed by U.S. law and these Terms (including the
MagicPin Privacy Policy): (a) you are transferring your personal information to the United States; (b) you
hereby consent to such transfer and to the application of the laws of the United States and the State of Utah
with respect to any dispute arising from or related to the Privacy Policy and your use of the App, Site, or
Service, and to the exclusive jurisdiction of the courts of the United States and the State of Utah.
- MISCELLANEOUS.
- Service Availability. You agree and acknowledge that the App, Site, and/or Service
may be temporarily unavailable due to maintenance or other development activities. MagicPin will use
commercially reasonable efforts to provide you with advance notice of any such unavailability, but shall
not have any liability to you for any planned or unplanned unavailability or downtime.
- Assignment. You may not assign or transfer these Terms or any of your rights or obligations
hereunder to any other person without MagicPin’s prior written consent. Any purported assignment in
violation of this paragraph is void and of no effect. These Terms are freely assignable by MagicPin.
These Terms shall be binding on the parties and their permitted successors and assigns. Except as
otherwise set forth herein, a person who is not a party to these Terms has no right to benefit under or
to enforce any term of these Terms.
- Governing Law; Dispute Resolution. Dispute Resolution. If there is any dispute about or
involving these Terms, the App, Site, or Service, you agree that the dispute shall be governed by the
laws of the State of Utah, without regard to conflict of law provisions. Any dispute arising from or
relating to the subject matter of these Terms, the App, Site, or Service, shall be finally settled by
arbitration in Salt Lake County, Utah, using the English language in accordance with the Arbitration
Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS“)
then in effect, by
one commercial arbitrator with substantial experience in resolving intellectual property and commercial
contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance
with the Arbitration Rules and Procedures of JAMS. You may choose to have the arbitration conducted by
telephone, based on written submissions, or in person in the county where you live or at another
mutually agreed location. The arbitrator shall have the authority to grant specific performance and to
allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all
other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The
prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable
expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in
connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction
or application may be made to such court for judicial acceptance of any award and an order of
enforcement, as the case may be. Notwithstanding the foregoing, MagicPin shall have the right to
institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final
decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive
jurisdiction and venue in the state and federal courts sitting in Salt Lake County, Utah. ANY CAUSE OF
ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, SITE, OR SERVICE MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
- Class Action and Jury Waiver. YOU AND MAGICPIN EACH AGREE THAT ANY PROCEEDING, WHETHER IN
ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED
OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN YOU AND MAGICPIN THAT
THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SET FORTH ABOVE WILL BE VOID AS TO
YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE
ANY RIGHT TO A JURY TRIAL.
- Force Majeure. We will not be liable for any delay or failure in the performance of our
obligations under these Terms if the delay or failure is due to any cause outside of our reasonable
control.
- Notices. Any notice given under these Terms by any party to another party must be in writing
and sent by email, and will be deemed to have been given upon transmission. Notices to MagicPin must be
sent to magicpinapphelp@gmail.com. Notices to you will be sent to any email address associated with your
User Account. For contractual purposes, you consent to receive communications from us in electronic
form, and you agree that all terms and conditions, agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
- Severability and Waiver. If any part or provision of these Terms is held by a court of
competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision
shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that
part or provision, and the remainder of these Terms will continue in full force and effect. Our failure
to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right
or provision. If we waive any breach of these Terms, such waiver will not constitute a waiver of any
other breach. No waiver will be effective unless made in writing.
- Entire Agreement. These Terms, together with the Privacy Policy, constitute the sole and entire
agreement between you and MagicPin with respect to the subject matter hereof, and supersede and
extinguish all prior agreements, representations (whether oral or written), and understandings regarding
such subject matter. In the event of any conflict, the following order of precedence governs: (i) first,
these Terms; and (ii) second, the Privacy Policy. The provisions of the following Sections of these
Terms will survive any termination of these Terms: Sections 5-8, 11, 12(c)-(d), 13-20, and 23-25.
For more information or other questions, please contact our customer support team by email at
magicpinapphelp@gmail.com. You may report a complaint, if you are a resident of California, to the Complaint
Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by telephone
at (800) 952-5210 or by mail at 400 R Street, Sacramento, CA 95814, United States.