Privacy Policy

Moroccan Magic (“MOROCCAN MAGIC,” “us,” “our,” and “we”) cares about your privacy. This Privacy Policy explains the privacy practices of MOROCCAN MAGIC in connection with its web site at www.moroccanmagicbeauty.com, including sub-domains of moroccanmagicbeauty.com and pages within any such web site and any equivalent, mirror, replacement, substitute or backup for such web site (this “Web Site”). This Privacy Policy applies to personal information you may provide to us or that we may collect on this Web Site. It does not apply to our other web sites on domains other than moroccanmagicbeauty.com, which may have their own privacy policies. As used in this Privacy Policy, the words “you” and “your” refer to you, the user of this Web Site, as the party agreeing to this Privacy Policy.

As used in this Privacy Policy, “Personal Information” means any information about an individual such as a name, postal or other address, telephone number, credit card or other financial information, birthday, screen name, social networking site user account names or email address or other information that can be used to directly or indirectly identify that individual.

In addition to this Privacy Policy, we have established Terms of Use that set forth the general rules and policies governing your use of this Web Site. A copy of the Terms of Use can be found at http://moroccanmagicbeauty.com/terms-of-use (the “Terms of Use”).

Please note: The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. MOROCCAN MAGIC is located in the United States and the services we provide through this Web Site are intended for U.S. users only. Please note that any information you provide will be transferred to the United States and by using this Web Site or providing MOROCCAN MAGIC your Personal Information, you expressly consent to, and authorize, the collection, use and disclosure of your Personal Information by us as described in this Privacy Policy. The United States may not have the same level of data protection as your jurisdiction. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use this Web Site or provide us with Personal Information. Regardless of where we use your information, we still protect your information in the manner described in this Privacy Policy.

Your consent

Generally, by using this Web Site or providing Personal Information to us, you have provided your consent to our collection, use and disclosure of your Personal Information as described in our current Privacy Policy as posted here, or as may otherwise be described at the time of collection. If you do not agree with any term in this Privacy Policy, please do not use this Web Site or provide Personal Information to us. .

You may withdraw your consent to our collection, use and disclosure of your Personal Information at any time, as provided in this Privacy Policy (see Section 12). Note that if you withdraw your consent to certain uses of your Personal Information, we may no longer be able to provide certain of our products or services.

Collection of personal information

In general, you can visit this Web Site without identifying yourself or revealing any of your Personal Information. There are times, however, that you may choose to give us Personal Information.

When you register on this Web Site we collect Personal Information from you. During registration you are asked to provide your name, postal or other address, telephone or mobile phone number and email address. You may also be asked to provide other optional information such as your birthday and credit card information.

In addition to registration, we may collect Personal Information when you sign up to receive emails from us, open or respond to our emails, visit any page online that displays our ads or content, enter for giveaways, contests and sweepstakes or if you participate in promotions or special programs. We may collect Personal Information, including credit card information and billing and mailing addresses, when you make a purchase on this Web Site. We may also collect Personal Information in other circumstances with your consent, or where permitted or required by law.

We may also collect certain Personal Information when you connect with us through social networking sites or applications or other public forums (such as chat rooms, discussion boards or blogs) where you may be able to publicly post information or communicate with others. Please refer to the privacy policy and settings of the social networking site or application to determine whether and how you may adjust permissions and manage the interactivity between us and the social networking account or application. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these social networking sites or applications or other public forums. All the information you post on such sites or applications may be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected and used by others. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy.

Other information we may collect online including using Cookies or other tracking technologies

When you visit this Web Site, we may automatically collect information such as what type of browser you use, the third-party web site from which your visit originated, the search terms you use on this Web Site, the specific web pages you visit on this Web Site and the duration of your visits, your IP address (a number that is assigned to your computer automatically when you use the Internet) or information about your computer. We may then link this information to your Personal Information for the purposes described in the section “Our use of your Personal Information” below and, if your identity can be directly or indirectly ascertained from this information, it will also be considered Personal Information. MOROCCAN MAGIC may also collect IP addresses for the purposes of systems administration (e.g., how many visitors logged in to this Web Site).

Sometimes we will use cookies, including “persistent cookies,” and other user tracking technologies (e.g., local shared objects) (“Cookies”), which are files or pieces of information that are stored by your browser on your computer’s hard drive, to collect information during your visit to this Web Site, such as the particular Web Site areas you visit and the products or services you buy through this Web Site. We collect this information to better tailor our Web Site and our products and services to your interests and needs. Cookies may also be used to help speed up your future activities at this Web Site. For example, this Web Site may be able to recognize that you have provided Personal Information to us and refrain from requesting the same information a second time. Cookies may also be used to keep products you placed in your cart during a prior visit to this Web Site in your cart for a subsequent visit. We may use Cookies that remain on your device even after you close your browser or application, to understand general Web Site usage and volume statistical information (which does not include Personal Information) and improve the content and offerings on this Web Site. Cookies, by themselves, do not tell us your Personal Information unless you choose to provide this information to MOROCCAN MAGIC by, for example, registering on this Web Site. However, once you choose to furnish us with Personal Information, this information may be linked to the data stored in the Cookie. You can set your browser to detect and reject Cookies. However, by disabling Cookies, you may not have access to the entire set of features of this Web Site. Please consult your browser’s help menu for instructions.

MOROCCAN MAGIC may use pixel tags (also called web beacons, clear GIFs, transparent GIFs or web bugs) to collect information about your navigation on this Web Site or to track your response to email messages that MOROCCAN MAGIC sends you in connection with this Web Site. These are small strings of code that provide a way for us to deliver a small graphic image (usually invisible) on a web page. Pixel tags can recognize certain types of information on your computer such as Cookies, the time and date a page is viewed and a description of the page where the pixel tag is placed. This information is used to evaluate and enhance how this Web Site functions and to understand whether users read email messages and click on links contained within those messages so that this Web Site can deliver relevant content. MOROCCAN MAGIC’s pixel tags may collect some contact information (for example, the email address associated with an email message that contains a pixel tag).We may also use pixel tags to improve your experience on this Web Site, including to provide you with content customized to your interests.

MOROCCAN MAGIC may allow third party ad servers (i.e., third parties that provide technology to place ads on web sites and track ad performance) to use Cookies, pixel tags and other technologies to automatically collect information about your visit to this Web Site or to place our ads on third-party sites and to analyze the effectiveness of those ads. We encourage you to review the privacy policies or statements of these third party advertising companies to learn more about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by third party advertisers, please visit http://www.networkadvertising.org.

Contests, giveaways and promotions

From time to time, MOROCCAN MAGIC may offer you the opportunity to participate in contests, giveaways and other promotions. You may decline to participate in any or all of the contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy, except as specifically set forth in the rules for the applicable contest, giveaway or promotion. We may use the information you provide when registering for a contest, giveaway or promotion to manage your entry, fulfill prizes (which may include disclosure to third party entities that assist with such fulfillment) and for other marketing and promotional purposes related to the contests or sweepstakes as disclosed on the rules applicable to a particular contest, giveaway or promotion.

Our use of your personal information

We use the email address and other Personal Information you provide to MOROCCAN MAGIC or that we collect at registration or otherwise, or as updated, for the following reasons: (a) to help us improve our services to you; (b) for internal statistical, marketing or operational purposes, such as to measure and understand demographic, user, user interest, purchasing and other trends among our users; (c) to respond to your questions; (d) to investigate, prevent, defend against or take other action regarding violations of this Privacy Policy or the Terms of Use, illegal activities, suspected fraud or situations involving potential threats to the legal rights of us or others; (e) for reasons related to the status of your account or sending you an email confirming your registration; (f) to notify you of changes to this Web Site, our Terms of Use or this Privacy Policy; (g) to comply with applicable laws and regulations; (j) to process your online purchases and deliver purchased products to you; (h) for direct marketing purposes, namely: (1) to invite you to participate in contests, giveaways and promotions; and (2) to tell you about our beauty and skincare products, new items or news or information that you have otherwise requested; and (i) for any other purposes for which we notify you specifically at the time of collection or as otherwise described in this Privacy Policy or as permitted or required by law, rule, regulation, subpoena or other legal process. Where required by law, MOROCCAN MAGIC will not use your Personal Information for direct marketing purposes unless with your consent.

Disclosure and transfer of Personal Information

We may disclose and transfer your Personal Information to third parties, including third party data management companies, as necessary to process your online purchases and ship your purchased products and may transfer your Personal Information third parties to process and maintain your Personal Information. We may transfer information about you to third party vendors (including affiliates acting in this capacity), such as third party marketing agencies, who perform statistical, marketing or operational functions on our behalf, such as measuring and understanding demographic, user, user interest, purchasing and other trends among our users. We might also share Personal Information with third-party vendors who assist and advise us in operating our business, including advertising and promotions. We require such third party vendors to keep your Personal Information confidential and to only use the information for the purpose for which it was provided. Some of these third party vendors may be located outside of your country of residence, including in the United States, where local laws may permit governmental, law enforcement or regulatory authorities or courts to have access to the information in certain circumstances.

We disclose Personal Information when we believe it is appropriate or necessary to comply with the law, including foreign law applicable to our third party vendors (e.g., a lawful subpoena, warrant or court order); to enforce or apply this Privacy Policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users’ rights, property or safety; or to protect our users from fraudulent, abusive or unlawful use of this Web Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of Personal Information without delay.

If our company or our assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, Personal Information and other information concerning your relationship with us. Such third parties will assume responsibility for the Personal Information collected by us in connection with our business operations or through this Web Site and such third parties will assume the rights and obligations regarding such information as described in this Privacy Policy.

Privacy protection for children

In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not intend that portions of this Web Site that require registration will be accessed or used by persons under the age of thirteen. This Web Site is designed and intended for adults. If we later learn that any registered user is under the age of thirteen, we will take appropriate steps to remove that registered user’s information from our database. We will not knowingly collect or use any Personal Information from children we know to be under the age of thirteen without obtaining express parental consent.

Safeguarding information

MOROCCAN MAGIC maintains reasonable physical, organizational and electronic safeguards that are designed to prevent unauthorized access to, or use or disclosure of, Personal Information in our custody and control.

We may establish and maintain a file of your Personal Information for the purposes described in this Privacy Policy, which will be accessible at our offices. Authorized employees and agents who require access to your Personal Information in order to fulfil their job requirements will have access to your Personal Information.

Links to other web sites

From time to time, this Web Site may contain links to other web sites, including other web sites that are operated by us or our affiliates but are subject to separate privacy policies. If you use these links, you will leave this Web Site. The privacy policies of such other web sites govern the information collection, use and dissemination practices occurring on such web sites. You should read the privacy statements and terms and conditions of linked or referenced sites you enter. These third party web sites may send their own Cookies and other tracking devices to you, log your IP address and otherwise collect data or solicit personal information.

MOROCCAN MAGIC DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD PARTY WEBSITE FOR FURTHER INFORMATION.

Notification of changes

MOROCCAN MAGIC may revise this Privacy Policy at any time and from time to time by updating this posting. You should visit this page from time to time to review the then-current Privacy Policy because it is binding on you. You agree to accept electronic communications and/or postings of revised versions of this Privacy Policy on this Web Site and agree that such electronic communications or postings constitute notice to you of the revised version of this Privacy Policy.

Your California privacy rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:

Moroccan Magic

PO Box 870129

Milton Village, MA, 02187

Questions; Contact and Opt-Out Information; access to or correction of Personal Information

You may contact us if you: (a) have any questions or comments about our Privacy Policy; (b) wish to be provided with access to Personal Information that we have collected about you; (c) wish to make corrections to any Personal Information you have provided to us; (d) want to opt-out from receiving future commercial correspondence, including emails, from us; or (e) wish to withdraw your consent to sharing your Personal Information with others. MOROCCAN MAGIC’s contact information is available at http://www.moroccanmagicbeauty.com/contact-us. Requests for access or correction must be in writing.

To correct inaccuracies in your Personal Information, you may also return the message containing the inaccuracies to the sender with details of the correction requested or send us an email through the “Contact Us” page of this Web Site.

We will make a sincere effort to respond in a timely manner to your request and, if applicable and appropriate, provide you access to the Personal Information you have provided us and/or make the requested change in our active databases as soon as reasonably practicable. Your right to access or correct your Personal Information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of this Web Site. We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Date Last Revised: December 3, 2015
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. This Web Site is provided for your information and your purchase of products, and we hope you enjoy using it. Your use of this Web Site constitutes your agreement with Moroccan Magic (“MOROCCAN MAGIC,” “we,” “us,” or “our”), to be bound by, and to act in accordance with, these terms of use (the “Terms of Use”). These Terms of Use constitute a legal agreement between you and MOROCCAN MAGIC. If you do not agree to these Terms of Use, do not use this Web Site. YOU AGREE THAT THESE TERMS OF USE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND CONSTITUTE THE ENTIRE AND COMPLETE AGREEMENT BETWEEN US REGARDING YOUR USE OF THIS WEB SITE AND SUPERSEDE ANY PRIOR OR OTHER COMMUNICATIONS. Please print a copy of these Terms of Use for your records.
As used in these Terms of Use, the words “you” and “your” refer to you, the user of this Web Site, as the party agreeing to these Terms of Use. The term “Web Site” means the web site at www.moroccanmagicbeauty.com, including sub-domains of moroccanmagicbeauty.com and pages within any such web site and any equivalent, mirror, replacement, substitute or backup for such web site. It does not apply to our other web sites on domains other than moroccanmagicbeauty.com, which may have their own terms of use. The use of the word “including” in these Terms of Use to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.

1. Continuing agreement.

You agree that your use of this Web Site will always be subject to the most current version of these Terms of Use at the time of such use. MOROCCAN MAGIC may change or revise these Terms of Use from time to time by updating this posting. You agree that all notices posted on this Web Site constitute valid notices to you under any legal requirements. You are encouraged to visit this area each time you visit this Web Site to keep up to date with the current Terms of Use governing your use of this Web Site. Your continued use of this Web Site after any such change or revision reaffirms your continuing agreement to the then-current Terms of Use and all other policies or notices posted on this Web Site.

2. Use of site and site materials.

Depending on your activities when visiting this Web Site, you may be required to agree to additional terms and conditions as indicated on this Web Site.
You have a non-exclusive, nontransferable, limited and revocable right to use this Web Site solely for your own personal purposes. MOROCCAN MAGIC owns all right, title and interest (including all copyright, trade secret, design, patent and other rights) in and to this Web Site (other than Third Party Content (as defined below)) or has a right to use such material. MOROCCAN MAGIC also owns or has a right to use all trademarks, service marks and trade names used on this Web Site. Nothing in this Web Site or these Terms of Use shall be deemed to confer on any person any license or right from MOROCCAN MAGIC or any licensor with respect to any image, logo or name. No part of this Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express prior written permission of MOROCCAN MAGIC. Any unauthorized use or modification of the materials on this Web Site is a violation of MOROCCAN MAGIC’s copyright and other proprietary rights. The use of any such material on any other web site or computer network or in any other manner without MOROCCAN MAGIC’s prior written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this Web Site in any manner other than as authorized in these Terms of Use, or as authorized in writing by MOROCCAN MAGIC, is strictly prohibited.

3. Privacy.

For information on how MOROCCAN MAGIC collects, uses and protects the personal information you may provide on this Web Site, read MOROCCAN MAGIC’s Privacy Policy available at http://moroccanmagicbeauty.com/privacy-policy-cookie-restriction-mode (the “Privacy Policy”). The Privacy Policy is incorporated by reference into these Terms of Use. Please print a copy for your records.

4. Accounts; passwords; security

In order to access or use some features of this Web Site, you may have to become a registered user. When you are setting up your account, you must give MOROCCAN MAGIC accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let MOROCCAN MAGIC know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by MOROCCAN MAGIC (or anyone else) due to the unauthorized use of your account.

5. Third party content; feedback, suggestions or ideas.

From time to time, this Web Site may display text, images, graphics, audio, video, links to other sites and other materials and content (“Content”) that were originally posted or otherwise made available on another site (e.g., Twitter or Facebook). As a consequence, you may see Content on this Web Site that has been made available by individuals not affiliated with MOROCCAN MAGIC (“Third Party Content”). MOROCCAN MAGIC does not endorse these individuals or their Content and MOROCCAN MAGIC is not associated with any of the Third Party Content that may be displayed on this Web Site. MOROCCAN MAGIC (and its affiliated companies, and its and their respective officers, employees or agents) shall not have any responsibility or liability of any nature whatsoever arising in connection with any Third Party Content.

If you give feedback, suggestions or ideas on this Web Site, such as recommendations for improvements or features, you hereby assign to MOROCCAN MAGIC all right, title and interest in and to such feedback, suggestions and ideas, and such feedback, suggestions or ideas may be implemented as part of this Web Site or otherwise by MOROCCAN MAGIC without any compensation or notice to you.

6. Geographic scope of site.

This Web Site is controlled and operated from within the United States of America. Unless otherwise specified on or by this Web Site, this Web Site is intended to promote only those MOROCCAN MAGIC products that are sold by MOROCCAN MAGIC in Canada and in the United States and its territories, and MOROCCAN MAGIC makes no representation that materials in this Web Site or the products described thereby are appropriate or available for use in your location. All visitors to this Web Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Web Site. By using this Web Site, participating in any Web Site activities and/or providing MOROCCAN MAGIC with your personal information, you (a) consent to the transfers and processing of any information you provide to this Web Site; (b) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (c) understand that this Web Site will deal with your personal information in accordance with the Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

7. Commercial Terms.

When you confirm a purchase transaction on this Web Site, you agree to be bound by and pay for that transaction. Your total price may include taxes, handling fees and shipping costs, which you are responsible for paying. Except as otherwise expressly specified, all sales are final.

The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. For example, products included on this Web Site may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on this Web Site. In addition, MOROCCAN MAGIC may make changes in information about price and availability without notice. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.

While it is MOROCCAN MAGIC’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute MOROCCAN MAGIC’s acceptance of an order or MOROCCAN MAGIC’s confirmation of an offer to sell a product or service. MOROCCAN MAGIC reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. MOROCCAN MAGIC also may require verification of information prior to the acceptance and/or shipment of any order. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site.
MOROCCAN MAGIC makes commercially reasonable efforts to make product descriptions for items listed for sale on this Web Site as accurate as possible. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. MOROCCAN MAGIC makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and MOROCCAN MAGIC cannot guarantee that your computer will accurately display such colors. If a product offered by MOROCCAN MAGIC is not materially as described, your sole remedy is to return it in unused condition.
This Web Site may allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to MOROCCAN MAGIC, you confirm that you are permitted to use that payment source. You also authorize MOROCCAN MAGIC (and MOROCCAN MAGIC’s designated payment processor) to collect and store it, along with other related transaction information. When you make a payment, you authorize MOROCCAN MAGIC (and MOROCCAN MAGIC’s designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, MOROCCAN MAGIC may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. MOROCCAN MAGIC will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
. If you pay by credit or debit card, MOROCCAN MAGIC may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. MOROCCAN MAGIC will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion or if a transaction is rejected by your bank or our payment processor, that pre-approval may result in your funds not otherwise being immediately available.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify MOROCCAN MAGIC immediately so that MOROCCAN MAGIC may take action to attempt to prevent financial loss. To the fullest extent permitted by law, you waive all claims against MOROCCAN MAGIC related to payments unless you submit the claim to MOROCCAN MAGIC within 30 days after the charge.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
Your purchase of any products through this Web Site is also subject to the Shipping & Return Policies set forth on www.moroccanmagicbeauty.com/shipping-return-polices (“Shipping & Return Policies”). The Shipping & Return Policies are incorporated by reference into these Terms of Use.
8. Links to other Web Sites.

For your convenience and enjoyment, this Web Site may provide links to other Web Sites and/or make available third party applications. Your use of such third party web sites and applications is at your own risk. These links and applications do not mean that MOROCCAN MAGIC endorses, approves or sponsors any information available at the linked Web Site or application, or any products that may be sold through a linked Web Site, nor is MOROCCAN MAGIC liable for any loss or damage that might result from your use of such websites, third party applications, information or products.

9. Contests, sweepstakes and promotions.

From time to time, MOROCCAN MAGIC, or its service providers, suppliers, advertisers or other third parties may conduct promotions on or through this Web Site, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use. By entering into or using such Promotions, you agree to be bound by such official rules in addition to these Terms of Use.

10. Contents of this Web Site — disclaimer.

THE INFORMATION AND MATERIALS IN THIS WEB SITE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MOROCCAN MAGIC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE. MOROCCAN MAGIC AND ITS SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT THIS WEB SITE OR ANY PRODUCTS PURCHASED THROUGH THIS WEB SITE WILL MEET YOUR REQUIREMENTS. MOROCCAN MAGIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INFORMATION, PRODUCT DESCRIPTIONS, MATERIALS, USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE INCLUDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. The information and materials in this Web Site could include technical inaccuracies or typographical errors. Such information and materials could be inaccurate or become inaccurate as a result of new developments or otherwise. MOROCCAN MAGIC undertakes no obligation to verify or maintain the accuracy or currentness of such information or materials.
This Section 10 shall apply to the fullest extent permitted by applicable laws.

11. Operation of this Web Site — disclaimer.

MOROCCAN MAGIC endeavors to maintain this Web Site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this Web Site or its operation. AS TO THE OPERATION OF THIS WEB SITE, MOROCCAN MAGIC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE. MOROCCAN MAGIC MAKES NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR FREE OF DEFECTS OR ERRORS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS WILL BE CORRECTED. YOU (AND NOT MOROCCAN MAGIC) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE OR ANY OTHER WEB SITE THAT IS LINKED TO THIS WEB SITE.

12. Limitation of liability.

UNDER NO CIRCUMSTANCES SHALL MOROCCAN MAGIC OR ITS SUPPLIERS AND PARTNERS and ITS AND their OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS and LICENSORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS, COSTS, EXPENSES or loss of REVENUE OR PROFIT), THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY MATERIALS IN THIS WEB SITE WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, PRODUCT LIABILITY OR OTHERWISE OR WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, INFORMATION AVAILABLE IN THIS WEB SITE OR PRODUCTS PROVIDED THROUGH THIS WEB SITE. MOROCCAN MAGIC SHALL NOT BE LIABLE EVEN IF MOROCCAN MAGIC OR AN MOROCCAN MAGIC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. SUCH DAMAGES OR INJURY MAY INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (a) your USE OR INABILITY TO USE THis WEB SITE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THis WEB SITE; (C) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THIS WEB SITE; OR (D) ANY OTHER MATTER RELATING TO THIS WEB SITE.
This Section 12 shall apply to the fullest extent permitted by applicable laws.

13. Limitations.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. HOWEVER, IN NO EVENT SHALL MOROCCAN MAGIC’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES (INCLUDING COSTS AND EXPENSES) AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. NO CLAIM OR ACTION IN RELATION TO YOUR ACCESS OR USE OF THIS WEB SITE OR ARISING FROM THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION AROSE.

14. Indemnity.

You hereby agree to indemnify, defend and hold MOROCCAN MAGIC, its officers, directors, agents, affiliates and licensors (collectively, the “Indemnified Parties”) harmless from and against any claim or liability arising out of (a) any breach of or noncompliance with any of your representations, warranties or obligations in these Terms of Use or the Privacy Policy or (b) any claim that your use of the Web Site violates any applicable law or any third party rights, including that it infringes the rights of a third party. You shall cooperate fully in the defense of any claim. MOROCCAN MAGIC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that losses and damages for improper use of this Web Site may be irreparable; therefore, MOROCCAN MAGIC is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies. Your indemnification obligation will survive the termination of these Terms of Use and your use of this Web Site.

15. Breach.

MOROCCAN MAGIC may immediately and without notice suspend, terminate or restrict your activities on this Web Site at any time and in its sole discretion. You agree not to hold MOROCCAN MAGIC responsible for any inconvenience or loss (including costs, expenses, loss of information, inability to access or use) which you may incur as a result of MOROCCAN MAGIC taking any of the actions described above.

16. Availability of help.

This Web Site may provide a help page or other instructions for the use of this Web Site. However, you understand that MOROCCAN MAGIC is under no obligation to provide any support for the use of this Web Site. If you would like to communicate with us (for example, to provide feedback, comments or requests for technical support) or if you have any questions regarding these Terms of Use, you should contact MOROCCAN MAGIC through its customer support department. MOROCCAN MAGIC’s contact information is available at http://moroccanmagicbeauty.com/contact-us.

17. Applicable law; jurisdiction.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles that would result in the application of the laws of another jurisdiction. Any legal actions, suits, proceedings, disputes, controversies or claims arising out of or relating to these Terms of Use (whether for breach of contract, tortious conduct or otherwise), including the validity, invalidity, breach or termination thereof, will be brought exclusively in court of competent jurisdiction located in Massachusetts, and you hereby accept and submit to the personal jurisdiction of such Massachusetts courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. YOU ALSO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO, THESE TERMS OF USE. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.

18. Severability.

If any provision of these Terms of Use shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

19. No waiver.

No failure on the part of MOROCCAN MAGIC to enforce any part of these Terms of Use shall constitute a waiver of any of MOROCCAN MAGIC’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by MOROCCAN MAGIC nor the reliance of any person on MOROCCAN MAGIC’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of MOROCCAN MAGIC shall have any legal effect whatsoever.

20. Assignment.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. MOROCCAN MAGIC may assign these Terms of Use or any rights hereunder without your consent and without notice.

21. Notices to you; consent to receive electronic communications.

Notices to you may be sent via email or through this Web Site by displaying links to notices generally on this Web Site. Any communication regarding your order will be emailed to the email address provided by you to us when ordering on this Web Site.
You understand and agree that you are entering into these Terms of Use electronically and that certain categories of information (“Communications”) may be provided by MOROCCAN MAGIC to you by electronic means (i.e., via email or by posting the information on this Web Site). The categories of Communications that may be provided by electronic means include:

(a) these Terms of Use and any amendments, modifications, or supplements;
(b) records of any purchases made through this Web Site;
(c) disclosures or notices provided in connection with this Web Site, including any required by applicable laws;
(d) any customer service communications, including communications with respect to claims of error or unauthorized use of this Web Site; and
(e) any other communication related to this Web Site.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on this Web Site, whether or not you have received the email or retrieved the Communication from this Web Site. An electronic Communication by email is considered to be sent at the time that it is directed by MOROCCAN MAGIC’s mail server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with us if your email address changes so that we may contact you electronically. You may update your account records, such as your email address, as described in Privacy Policy. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider or you are otherwise unable to receive electronic Communications, MOROCCAN MAGIC will be deemed to have provided the Communication to you.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Use and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Use or the Communications electronically, you may not use this Web Site.
In order to access and retain Communications, you must have:

(1) a computer with an Internet connection;
(2) a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
(3) a valid email address (i.e., your primary email address on file with MOROCCAN MAGIC); and
(4) sufficient storage space to save past Communications or an installed printer to print them.
If you have registered on this Web Site and you wish to withdraw your consent to have Communications provided electronically, you must close your account. You may do so by contacting us via the contact information provided on the “Contact Us” page of this Web Site and stop using this Web Site. There are no fees to close your account with us.
22. No legal effect.

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.