Terms of Service

This Hitachi Magic Wand website (the “Service”) is owned and operated by Hitachi Magic Wand and contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
As part of our Service, Hitachi Magic Wand agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Service or to products and services available through the Service. Accessing the Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service, constitutes use of the Service and your agreement to be bound by these Terms of Service. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified.
You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by Hitachi Magic Wand. However, you may not, without the prior written permission of Hitachi Magic Wand, frame any of the content of the Service, or incorporate into another website or other service any material, content or intellectual property belonging to Hitachi Magic Wand, its parent or affiliate companies, or any of their licensors. License to Hitachi Magic Wand.
By posting messages, uploading files, or otherwise providing any material to us for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting Hitachi Magic Wand a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
.    1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
.    2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Disclaimers
Through the Service, Hitachi Magic Wand has provided links and pointers to Internet sites maintained by third parties. Hitachi Magic Wand’s linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither Hitachi Magic Wand, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by Hitachi Magic Wand. The information, products and services offered on or through the Service and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Hitachi Magic Wand disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Hitachi Magic Wanddoes not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
Hitachi Magic Wand does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Online Commerce
Certain sections of the Hitachi Magic Wand site may allow you to purchase many different types of products and services online that are provided by third parties. Hitachi Magic Wand is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Hitachi Magic Wand or on a site linked to by Hitachi Magic Wand, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and Hitachi Magic Wand. A merchant may have privacy and data collection practices that are different from ours. Hitachi Magic Wand has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Hitachi Magic Wand website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release Hitachi Magic Wand and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Hitachi Magic Wand.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Hitachi Magic Wand or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features
This Service may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to Hitachi Magic Wand and real-time interaction between users, and other features, such as personalized homes pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms and other public posting areas on the Service lies with each user – you alone are responsible for the material you post. Hitachi Magic Wand does not control the messages, information or files that you or others may provide through the Service. It is a condition of your use of the Service that you do not:
.    Restrict or inhibit any other user from using and enjoying the Service.
0.    Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
.    Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
0.    Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
.    Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
.    Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of this website

.    Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Service.
You understand that Hitachi Magic Wand has no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Service through which users can supply information or material. However, Hitachi Magic Wand reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Hitachi Magic Wand sole discretion are objectionable or in violation of these Terms of Service.

Registration
To access certain features of the Service, Hitachi Magic Wand may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Service, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with Hitachi Magic Wand on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If Hitachi Magic Wand has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Classified Advertising
When you submit a classified ad for publication on Hitachi Magic Wand, you agree that the advertisement as it appears on Hitachi Magic Wand becomes the property of Hitachi Magic Wand and you assign all ownership interest in the advertisement as it appears on the Service under copyright law or otherwise to Hitachi Magic Wand. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. Hitachi Magic Wand reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Hitachi Magic Wand, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Hitachi Magic Wand materials, products, or services, or third-party materials, products, or services made available through the Service, or any part of the Service, even if Hitachi Magic Wand is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of Hitachi Magic Wand, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that Hitachi Magic Wand is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Hitachi Magic Wand materials, products, or services, or with any of Hitachi Magic Wand’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service.
Termination
Hitachi Magic Wand may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Other
This agreement constitutes the entire agreement between Hitachi Magic Wand and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.