For MagicBus Security Policy, please click here.
By using the website, mobile application, and services (collectively, the “Magic Platform”) in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Magic reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Magic Platform at any time, effective upon posting of an updated version of this Agreement on the Magic Platform. You are responsible for regularly reviewing this Agreement. Continued use of the Magic Platform after any such changes shall constitute your consent to such changes.
MagicBus is teaching an algorithm to optimize for time and minimize stops to offer you a stress-free and direct commute.
MAGIC IS AN INTERACTIVE TECHNOLOGY SERVICE AND RIDESHARING PLATFORM THAT PROVIDES A MOBILE FORUM FOR ENABLING PEOPLE LOOKING FOR A SHARED RIDE TO REQUESTS RIDES FROM DRIVERS WHO CAN PROVIDE SUCH TRANSPORTATION. MAGIC DOES NOT PROVIDE TRANSPORTATION SERVICES, AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER CONTACTED THROUGH THE MAGIC PLATFORM, AND IT IS UP THE PASSENGER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE MAGIC PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE MAGIC PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. MAGIC OFFERS A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY PASSENGER BY ANY DRIVER USING THE MAGIC PLATFORM.
You may use the Magic Platform only if you can form a binding contract with Magic, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Magic Platform by anyone under 18 is strictly prohibited and in violation of this Agreement.
The Magic Platform is not available to or authorized for use by any users previously removed from the Magic Platform by Magic, any users or persons acting on behalf of an organization or entity and not in his or her personal or individual capacity, or any users accessing the Magic Platform for any purpose other than to seek to participate in an actual ride for personal purposes, unless specifically authorized by Magic (collectively “Unauthorized Users”). Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Magic platform. Any such unauthorized use is strictly forbidden and shall constitute a violation of Federal and applicable state and local laws.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Magic Platform for personal, noncommercial use only and as permitted by the features of the Service and applicable law, including but not limited to state rideshare and carpool exemptions. Magic reserves all rights not expressly granted herein in the Service and the Magic Content (as defined below). Magic may terminate this license at any time for any reason or no reason.
Except for your User Content, the Magic Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Magic Content”), and all intellectual property rights related thereto, are the exclusive property of Magic and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Magic Content. Use of the Magic Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Magic Platform or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Magic under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Magic does not waive any rights to use similar or related ideas previously known to Magic, or developed by its employees, or obtained from sources other than you.
For each ride conducted, the Magic Platform displays a suggested payment based on an average incorporating such factors as distance, duration, time of day and location, and driver preference (“Suggested Payment”). These fees are due immediately and are non-refundable. Magic reserves the right to determine final Suggested Payment. Magic, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Magic may change the fees for the Magic Platform, as we deem necessary for our business and encourage you to check this Agreement periodically if you are interested about how we charge for the Magic Platform.
If a driver reports vehicle or other property damage to Magic following a ride in which a passenger was a party, Magic may, in its sole and absolute discretion, charge that passenger’s credit card a Damage Fee of $250 to cover the damage and shall cover the full payment for driver’s damage. This Damage Fee is paid to the driver less the Magic Fee. Magic may, in its sole and absolute discretion, verify or otherwise require documentation of damage prior to processing the Damage Fee.
At its sole discretion, Magic may adjust these payment terms and make available promotional offers to any persons. In locations where Magic runs a beta test program (“test locations”), you expressly agree to participate in this beta test by using the Magic Platform. In these test locations, passengers will be able to select a driver based on price, estimated time of arrival, ratings or other Driver profile characteristics. In these test locations, drivers will have the sole discretion to set prices. Should a selected driver become unavailable after the passenger submits a ride request, Magic will match the passenger with the next available driver. In some instances, that driver may have set a lower or higher price. If the passenger does not want to pay that price, the passenger should cancel the ride and re-request a driver of his or her choice. If a passenger has questions about the amount charged by a driver, please contact [email protected] If you do not agree to these Terms in test locations, do not use the Magic platform.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Driver expressly agrees to pay any and all fees and applicable taxes relating to any payment driver may receive in connection with a ride provided through the Magic mobile application ride request service.
Unless otherwise agreed by the parties in writing, Magic shall remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Magic reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending Magic’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Magic in writing within thirty (30) days of such payment. Failure to so notify Magic shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Magic. No other measurements or statistics of any kind shall be accepted by Magic or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
MAGIC HAS A ZERO TOLERANCE POLICY FOR THE USE OF ALCOHOL, ILLEGAL SUBSTANCES, OR THE MISUSE OF PRESCRIPTION MEDICATIONS WHILE USING THE MAGIC PLATFORM. Passenger agrees to report to Magic promptly any driver reasonably suspected to be in violation of this zero-tolerance Policy by calling Magic using the app, or dialing (415) 967-2384 and emailing us at [email protected] Users agree to report to Magic promptly any safety related complaint by calling Magic at (415) 967-2384 and emailing us at [email protected]
To file and resolve a general complaint regarding Magic or a Magic user, you should first contact our Customer Support Team by email at [email protected] In California, you may also file a complaint with the California Public Utilities Commission's Consumer Intake Unit by calling (800) 894-9444.
USERS ARE PROHIBITED FROM MAKING ANY NEGATIVE RATING, CONDUCT OR SPEECH ON THE BASIS OF OR INFLUENCED BY GENDER, RACE, ETHNICITY, ABILITY, DISABILITY, SEXUAL ORIENTATION, AGE, OR OTHER IMPERMISSIBLE CATEGORY UNDER APPLICABLE LAW. Users agree to report to Magic promptly any discrimination related complaint by emailing us at [email protected]
Magic requires its drivers to carry commercial insurance to cover transportation, personal injury, third party liability, property damage, general liability, and such other insurances as are considered market practice for transportation service providers, with coverage not less than the amount required by law. Magic requires drivers to provide updated copies of insurance certificates.
Magic is not responsible for personal belongings left in the car and the loss of these items is not covered under the commercial liability policy. These include tapes, records, discs or other similar audio, visual or data electronic devices, including smartphones, or any speed measuring equipment within the vehicle. It is the responsibility of the passenger to ensure they remove any personal belongings from the car before and after each ride matched on the Magic Platform.
Users may terminate this Agreement (and their account) at any time by emailing us at [email protected] Please note that Magic may terminate this Agreement and your account at any time and for any reason. All outstanding payments for all rides provided prior to the date of termination will be provided within thirty (30) days of the date of termination.
DISPUTES WITH DRIVERS OR OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH DRIVERS OR OTHER MAGIC USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR AND FACILITATE THE RESOLUTION OF DISPUTES BETWEEN YOU AND OTHER USERS. MAGIC SHALL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS, OR FOR ITS OR ANY USER’S ACTION OR INACTION.
For all Magic accounts, you may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Magic immediately of any breach of security or unauthorized use of your account. Magic will not be liable for any losses caused by any unauthorized use of your account.
Magic has taken commercially reasonable steps to collect information from its Drivers, including proof of automobile insurance and valid driver’s license, and has used commercially reasonable efforts to conduct social security based driver background checks. This however, is not to be deemed a warranty or guarantee, either express or implied, for the safety of a ride, the reliability of a driver, a ride or the driver’s vehicle, or for anything else, and Magic expressly disclaims all warranties as to its drivers and passengers. You should take all reasonable steps in determining whether to accept a ride from driver or give a ride to a passenger.
In no event will Magic be responsible for any damages (including personal injury, death, property damage, lost time or wages, and the like) resulting from or related to a ride facilitated by the Service, or for resolving any disputes between you and another user. You hereby agree that your use of the Service is at your sole risk.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Magic servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that Magic grants the operators of public search engines revocable permission to use spiders to copy materials from magicbus.io for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Some areas of the Service allow Users to post content such as pictures of you or your vehicle, profile information, ratings, review, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service, including requests for rides, acceptances and declinations of ride requests, and Suggested Payments are “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Magic reserves the right, but is not obligated, to reject and/or remove any User Content that Magic believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
In connection with your User Content, you affirm, represent and warrant the following: You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. Your User Content and Magic’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights. Magic may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
No Liability For User Content. Magic takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Magic shall not be liable for any damages you allege to incur as a result of User Content.
User Content License Grant By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Magic a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, only for use in connection with the Service and Magic’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Magic does not warrant that the Mobile Software will be compatible with your mobile device. Magic hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Magic account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Magic may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Magic or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Magic reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Magic Service.
Passenger, at passenger’s sole and voluntary discretion, may request and accept a ride offer from a driver through the Magic Service. Passenger understands that each driver (not Magic or its affiliates) bears sole and absolute responsibility for all aspects of a ride, including safety, driving practices, conduct, as well as securing all required licenses, personal insurance, and registrations, and compliance with all applicable federal, state and local laws, rules, and regulations. Passenger acknowledges that a driver is not an employee or contractor of Magic, and that driver bears sole responsibility for the condition of driver’s vehicle. By accepting a ride with a driver, passenger agrees to comply with this Agreement. Passenger acknowledges that driver is solely responsible for all aspects of a ride, including safety, punctuality, vehicle cleanliness, conduct, and, in test locations, price. Except as expressly provided otherwise herein, passenger agrees to look to the driver, and not to Magic, for any complaint, claim, or other issue that passenger may have in connection with a ride; provided that Magic reserves the right to intervene and attempt to facilitate resolution of any unresolved dispute. We encourage passengers to provide a review of drivers on the Service to voice their praises or complaints.
Passenger agrees that passenger shall solely use Magic for personal, individual and ridesharing purposes only (according to applicable laws) and shall not use Magic outside the ridesharing and carpooling exemptions under applicable law or on behalf of any entity or organization. USE OF MAGIC FOR ANY COMMERCIAL, FOR-PROFIT, NON INDIVIDUAL OR NON RIDESHARING PURPOSES (AS DETERMINED BY MAGIC IN ITS SOLE AND ABSOLUTE JUDGMENT) UNLESS EXPRESSLY AUTHORIZED BY MAGIC IN WRITING SHALL RESULT IN IMMEDIATE TERMINATION OF PASSENGER'S ACCOUNT. Passenger expressly acknowledges that Magic is solely a ridesharing exchange, and not a common carrier, transportation, dispatch, limousine, taxicab, or travel service.
In addition to all other representations and warranties made by Users under this Agreement, Users represent and warrant to Magic that it has provided Magic with accurate and complete identify information. Passenger agrees to conform his or her conduct to the policies set forth in Magic’s terms of service.
By using the Service, a driver represents, warrants and agrees that:
In addition to all other representations and warranties made by Users under this Agreement, Users represent and warrant to Magic that it has provided Magic with accurate and complete identify information. Passenger agrees to conform his or her conduct to the policies set forth in Magic’s terms of service.
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Magic, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Magic as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Magic as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Magic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Magic acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Certain aspects of the Service may allow you to obtain certain reputational or status indicators and/or fictional property representing virtual achievements (for instance, ratings or “star ratings”) (“Magic Property”). You understand and agree that regardless of terminology used, Magic Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Magic’s sole discretion. Magic Property is not redeemable for any sum of money or monetary value from Magic at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Magic on Magic servers, including without limitation any data representing or embodying any or all of your Magic Property. You agree that Magic has the absolute right to manage, regulate, control, modify and/or eliminate Magic Property as it sees fit in its sole discretion, in any general or specific case, and that Magic will have no liability to you based on its exercise of such right. All data on Magic’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON MAGIC’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN MAGIC’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. MAGIC DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON MAGIC’S SERVERS.
Magic cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Magic and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of a ride that you provide as a driver or a ride that you take as a -passenger.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGIC OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN, INCLUDING WITH RESPECT TO DRIVER OR PASSENGER SAFETY. WITHOUT LIMITING THE FOREGOING, MAGIC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
MAGIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY RIDE YOU REQUEST OR PROVIDE THROUGH THE MAGIC SERVICE, NOR DOES MAGIC WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PROPERTY DAMAGE, INCLUDING TO YOUR VEHICLE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF THE RIDE OR YOUR USE OF THE SERVICE.
MAGIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MAGIC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGIC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RIDES FACILITATED BY THE SERVICE. UNDER NO CIRCUMSTANCES WILL MAGIC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (INCLUDING RIDES FACILITATED BY THE SERVICE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MAGIC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID TO YOU BY MAGIC HEREUNDER OR $1,000.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Since we respect artist and content owner rights, it is Magic’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In accordance with the DMCA and other applicable law, Magic has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Magic may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Notice of Infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Magic’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on the Service; Information reasonably sufficient to permit Magic to contact you, such as your address, telephone number, and, e-mail 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 law; and a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying Magic and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Magic’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
The Service is controlled and operated from its facilities in the United States. Magic makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAGIC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR MONITORING OR RESOLVING DISPUTES THAT MAY ARISE BETWEEN USERS OF THE SERVICE (INCLUDING PASSENGERS AND DRIVERS) AS A RESULT OF THE USE OF THIS SERVICE, INCLUDING DISPUTES RELATING TO PROPERTY DAMAGE, OR PERSONAL INJURY, UP TO AND INCLUDING DEATH. MAGIC IS A RIDE MATCHING MARKETPLACE, AND PROVIDES A FORUM TO INTRODUCE PEOPLE NEEDING TRANSPORTATION WITH THOSE ALREADY EN ROUTE TO THE SAME OR SIMILAR LOCATION, AND IS NOT A BOOKING AGENT, TRAVEL AGENT, COMMON CARRIER, TAXICAB OR LIMOUSINE SERVICE, OR OTHER PROVIDER OF TRANSPORTATION SERVICES. MAGIC HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY DISPUTE THAT ARISES BETWEEN USERS.
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Magic, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
For any dispute with Magic, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Magic has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Magic claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Magic agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MAGIC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Magic without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
This Agreement, together with any amendments and any additional agreements you may enter into with Magic in connection with the Service, shall constitute the entire agreement between you and Magic concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Magic’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us [email protected] with any questions regarding this Agreement