Terms of Service
Last Updated at 2017-11-28 19:57:38 UTC
Our web store is hosted by Shopify Inc., and we encourage you to also review Shopify Inc.’s Terms of Service.
Donations to the Magnolia Foundation are processed by MobileCause, Inc. We encourage you to review MobileCause, Inc.’s Customer Terms and Conditions of Platform Use.
SECTION 1 - GENERAL CONDITIONS
Magnolia does not monitor all activity on its websites, but reserves the right to do so. Users agree to use our websites only for lawful purposes. Users may not use our websites to post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material, or to engage in any other activity that: (i) infringes, misappropriates or violates patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, rights of publicity, or privacy rights held by Magnolia or a third party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, disparaging, abusive, insulting, immoral, intimidating, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
SECTION 2 – CONTENT OWNERSHIP AND PERMISSIONS
The content on our websites (“Protected Content”) is protected by copyright, trademark, and other laws of the United States and foreign countries. Magnolia and its licensors and licensees exclusively own all right, title, and interest in and to all Protected Content, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Protected Content. No licenses or rights are granted to you by implication or otherwise in or to any intellectual property rights owned or controlled by us.
Except as authorized in these Terms of Service, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Protected Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission. Requests for permission should be sent to firstname.lastname@example.org.
SECTION 3 – SECURITY
Users are prohibited from violating or attempting to violate the security measures on our websites, including, without limitation:
- Impersonating or misrepresenting your affiliation with any person or entity, including, without limitation, by using a false password or one belonging to another user, accessing data not intended for you, or logging into a server or account that you are not authorized to access;
- Disclosing a password, permitting a third party to use a password, or failing to notify us if a password is compromised;
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mail bombing," or "crashing";
- Transmitting any worms, viruses, or any code of a destructive nature;
- Transmitting any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our website and services, or forging any part of the header information in any email communications;
- Hijacking, deleting, or changing all or any part of the Protected Content; or
- Collecting or tracking the personal information of other users.
SECTION 4 – VIOLATIONS
Magnolia has absolute discretion to determine if any use violates these Terms, and to act as it deems appropriate in the event of any violation. We may investigate potential violations of these Terms and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular internet address.
We may terminate access to all or part our websites or otherwise refuse service, without notice, for any conduct that we believe (in our sole discretion) is harmful to the interests of another user or is in violation of these Terms of Service or applicable law.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our websites. These products or services are offered in limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products offered on our websites. We cannot guarantee that the display on your computer or device will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions and prices for our products and services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service, or to refuse any order you place with us, at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our websites will meet your expectations, or that any errors will be corrected.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
When you make a purchase or donation on our website, you agree to pay, and authorize our third-party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in US Dollars and are non-refundable except as required by law (or as specified in our Return Policy). We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution.
You are responsible for providing current, complete, and accurate billing and contact information to us. We reserve the right to limit or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SECTION 7 – LOGIN AND REGISTRATION
Certain programs, offers, features or services offered through the websites allow you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Magnolia immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Magnolia or any other site user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission.
Magnolia shall not be liable for any loss or damage arising from your failure to comply with these obligations.
SECTION 8 – THIRD-PARTY LINKS AND TOOLS
Like many other websites, Magnolia websites may include links to other third-party websites or resources, which are not governed by these Terms of Service. We are not responsible for any sites or resources provided by third parties, and our links to these sites and resources do not imply our endorsement of such sites or resources, or the content, products, or services available from such sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites or resources. Magnolia makes no representations or warranties about the content, completeness or accuracy of the links or the sites linked to our websites. Please note that the site rules and privacy policies of linked sites may differ from ours and should be reviewed by you when you access any other site. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
When you submit comments, feedback, suggestions, or other submissions (for example, contest entries) to us, or post such submissions to our websites, (collectively “Submissions”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to edit, modify, copy, publish, distribute, translate, create derivative works thereof, and otherwise use in any medium such Submissions for any purpose without restriction or compensation to your or to any third party. We are and shall be under no obligation to maintain any Submissions in confidence, or to respond to any Submissions. We may, but shall not be obligated to, in our sole discretion, post any Submission on our websites and identify you as a submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms of Service, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that your Submissions must comply with these Terms of Service, including but not limited to Section 1 above. You are solely responsible for your Submissions and their accuracy. We take no responsibility and assume no liability for any Submissions posted or submitted by you or any third party.
SECTION 10 – PROGRAMS AND PROMOTIONS
SECTION 11 – DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Magnolia owns, protects, and enforces copyright in its own creative materials and respects the intellectual property of others. Our websites contain materials of third-parties and links to third-party sites. As a result, materials of third parties not owned or controlled by Magnolia are included in or linked to our websites or are stored or transmitted by or over our websites. To the best of our knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (as described in the next paragraph), Magnolia will respond expeditiously by removing or disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connection with our websites.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Magnolia’s Agent for Notice listed below with the following information in a written notice:
(1) An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed upon;
(2) A description of the material that is claimed to be infringing and a description of where the material is located on our websites (please provide a URL if possible);
(3) Your address, telephone number, and email address;
(4) A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
(5) A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf; and,
(6) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
Magnolia’s designated Agent for Notice of claims of copyright infringement can be reached as follows:
Service Provider: Magnolia Market, LLC
Name of Agent for Notice: Copyright Agent
By mail: 1800 Franklin Ave., Waco, Texas 76701 United States
By phone: 254-235-6111
SECTION 12 – MOBILE APPS
In order to access the websites made available through a mobile application (“Mobile App”) you must have a compatible mobile device; Magnolia does not warrant that the Mobile App will be compatible with your mobile device.
If you access the Mobile App using an Apple iOS or Android powered device, Apple, Inc. or Google, Inc., and their subsidiaries, respectively, shall be third-party beneficiaries to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Service against you. However, these third-party beneficiaries are not parties to these Terms of Service and are not responsible for the provision of support for the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiaries’ terms of service.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.
SECTION 13 – DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS, AND SERVICES DELIVERED TO YOU THROUGH OUR WEBSITES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAGNOLIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
MAGNOLIA MAKES NO WARRANTY THAT THE WEBSITES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAGNOLIA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH ITS WEBSITES OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY MAGNOLIA CONTENT OR INFORMATION OBTAINED THROUGH ITS WEBSITES.
MAGNOLIA DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM ITS WEBSITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. MAGNOLIA DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF ITS WEBSITES.
SECTION 14 – LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR WEBSITES AND CONTENT REMAINS WITH YOU. Neither Magnolia nor any other party involved in creating, producing, or delivering the websites or content will be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising out of or in connection with these Terms of Service or from the use of or inability to use the websites or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. MAGNOLIA WILL HAVE NO LIABILITY TO YOU NOR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITES. In no event will Magnolia’s aggregate liability arising out of or in connection with these Terms of Service or from the use of or inability to use the websites or content exceed twenty-five U.S. dollars ($25).
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Magnolia’s liability will be limited to the fullest extent permitted by applicable law.
If you are dissatisfied with any portion of the websites, or with these Terms of Service, or any other policy applicable to the websites, your sole and exclusive remedy is to discontinue using the websites. This sole and exclusive remedy is separate and independent of any other provision that limits Magnolia’s liability or your remedies.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend, and hold Magnolia , its subsidiaries, partners, founders, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), or demands made by any third party due to, or arising out of, or in any way connected to your access to or use of the websites or content, or your violation of these Terms of Service.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall not affect the validity and enforceability of any other remaining provisions. These Terms of Service constitute the entire agreement between you and Magnolia in connection with your use of our websites, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Magnolia (including but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Waco, Texas, United States. By using our websites, regardless of where you live or are located in the world, you agree that these Terms of Service and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Waco, Texas, United States and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
SECTION 18 – CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion to change any part of these Terms of Service at any time and without prior notice. If we make changes, we will post an updated copy of these Terms of Service on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.