Effective: January 24, 2024
Warning: The Flamingo website, and Flamingo suite of software, including but not limited to computer software and mobile software (collectively, the "App") may contain or be used to transmit sexually explicit material that is intended for individuals 18 years of age or older. If you are under the age of 18, if such material offends you, or if it is illegal to view such material in your jurisdiction, do not continue.
THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES. USING THE APP CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.
The terms "you", "your", and "yours" refer to all users, and/or any user of the App. The terms "its", "we", "us", "our" and "Flamingo" refer wholly or in part to MAGIC MOTION LTD., owner and operator of websites, including "www.magicmotion.store", and its related subsidiaries and affiliates (hereinafter "the Company"or "Flamingo"). Our products, services, and software applications, include Flamingo Connect, Flamingo Browser and Flamingo Extension. The "Terms and Conditions" shall be referred to as the "Agreement" hereinafter, and expressly incorporate the Privacy Policy.
The Agreement forms a legally binding contract between you and MAGIC MOTION LTD. Please read them carefully. By using the App, or any of our other products or services that link to these Terms (the "Services"), you agree to the Agreement. If you do not wish to agree with these Agreement, do not download or use the App, or immediately uninstall and delete the App from your computer or mobile device.
ARBITRATION AND CHOICE OF LAW NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CHOICE OF LAW CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Flamingo AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION SET FORTH IN THE AGREEMENT, AND YOU AND Flamingo WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Flamingo honors the requirements of relevant copyright laws. We take reasonable steps to remove from our Services any infringing material that we become aware of. If Flamingo becomes aware that one of its users has repeatedly infringed third-party copyrights, we will take reasonable steps within our power to terminate the user's account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes any third-party copyright, please contact us at contact@magicmotion.store.
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:
Please pay attention to traffic safety, do not use our Services and/or Products in a way that would distract you from obeying traffic or safety laws.
You are responsible for any activity that occurs in your Flamingo account. It is your responsibility to maintain the security of your account. By using the Services, you agree to this. If at any time you believe that someone else has gained access to your account with or without your permission, please immediately reach out to contact@magicmotion.store.
You are responsible for any traffic charges that you may incur for using our Services, including data charges for sending and receiving messages. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
From time to time there may be information on this website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any error, inaccuracy, or omission and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Flamingo.com purchase, please see our Returns Policy.
MAGIC MOTION LTD. maintains the right in its absolute discretion, at any time and without notice, to amend, remove or vary the Services, the App, or these Terms.
You agree to defend, indemnify, and hold MAGIC MOTION LTD., its officers, directors, employees and agents harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected to your negligence; and breach or violation of this Agreement.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Flamingo USES ITS BEST EFFORTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
BY USING OUR SERVICES AND/OR PRODUCTS, SOME CONTENT OR FUNCTION ARE GENERATED BY AN AI SYSTEM AND SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. WE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS, OR APPLICABILITY OF THE INFORMATION PROVIDED. ANY ACTIONS TAKEN BASED ON THIS CONTENT ARE AT YOUR OWN RISK. WE RECOMMEND SEEKING QUALIFIED EXPERTISE OR CONDUCTING FURTHER RESEARCH TO VALIDATE AND SUPPLEMENT THE INFORMATION PROVIDED.
Flamingo TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Flamingo WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Flamingo AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Flamingo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Flamingo'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID FOR YOUR Flamingo DEVICE, IF ANY, IN THE LAST 90 DAYS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND Flamingo TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH ARBITRATION.
a. This Arbitration Agreement Applies to all “Disputes”. For purposes of this Arbitration Agreement, “Disputes” shall include, but are not limited to, any claims or controversies between you and Flamingo that are related in any way to these Terms and Conditions, including but not limited to your use of this website, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and Flamingo, whether occurring on this website, in the mobile application, or in-store, even if the Dispute arises after the termination of your relationship with Flamingo. Any Disputes shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The applicable law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
b. Choice of Law and Venue. By using the Services and agreeing to the Agreement, you agree that the governing law of the Agreement shall be the law of the Hong Kong, without regard to principles of conflict of laws.
c. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (d) bellow.
d. Waiver of Jury Trial. Should any dispute under the aforementioned arbitration clause be submitted to, for instance, a US court which otherwise holds that the above arbitration clause is invalid and that the case submitted to it is admissible and the court has jurisdiction over the case, YOU AND Flamingo WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A JURY TRIAL, IF IT IS ALLOWED BY THE LAW OF THAT STATE.
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MAGIC MOTION LTD. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by an Officer of MAGIC MOTION LTD.
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions of languages, if any.