My Cart

0 item(s)$0.00
You have no items in your shopping cart.

0

Have a Question? Need Parenting Advice? ASK DR. PHELAN!
LIVE CHAT

My Cart

0 item(s)$0.00
You have no items in your shopping cart.

0

Our Terms of Use

Ownership of Site; Agreement to Terms of Use

The 1-2-3 Magic website located at www.123magic.com, its subdomains, affiliate version(s), mobile version(s), and any associated applications are owned and operated by Sourcebooks, Inc. and its affiliates (collectively, “us,” “we,” “the Site,” or “the Company”). By accessing or using the Site or any of our mobile app(s), you (“you,” “User,” “Visitor,” or “Member”) signify that you have read, understand, and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether you are a Visitor (which means that you simply browse the Site without being a registered user) or are a registered user (which means that you have successfully created a website/customer user ID).

This Agreement sets out the legally binding terms of your use of the Site. 1-2-3 Magic (Parenting Magic) reserves the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of this Agreement or by otherwise posting on the Site, or by email or conventional mail, and/or by any other means that provides reasonable notice. Your use of the Site after such notice is posted confirms your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. As long as you comply with these Terms of Use, 1-2-3 Magic grants you a personal, nonexclusive, nontransferable, limited privilege to enter and use the Site.

1. Eligibility

Use of the Site is intended for visitors ages 13 and up. Registration to be a user of the Site is void where prohibited. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that may be deemed harmful to minors.

By agreeing to these terms or by using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of these Terms of Use.

2. Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site whether as a guest or a registered user. You may terminate your access to the Site at any time, for any reason, by emailing us and requesting the deactivation and deletion of your account.

We reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the Site and/or its other users.

3. Registration Information

In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site (“Registration Information”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Information, and any other information you provide to us, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4. Account Security

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your User ID and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.


You agree to notify 1-2-3 Magic immediately of any unauthorized use of your account, or password, or any other breach of security. You may be held liable for losses incurred by 1-2-3 Magic or any other user of or visitor to the Site due to someone else using your 1-2-3 Magic user ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s 1-2-3 Magic user ID, password, or account at any time without the express permission and consent of the holder of that 1-2-3 Magic user ID, password, or account. 1-2-3 Magic cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

5. Site Content

The Site contains content created or posted by Company (“Company Content”). Company Content is protected by copyright, trademark, patent, trade secret, and other laws, and Company owns and retains all rights in the Company Content. The Site may also contain User Content and other content of the Site licensors.

The Site performs technical functions necessary to offer the services on the Site, including but not limited to transcoding and/or reformatting content to allow its use throughout the Site.

Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.

6. Proprietary Rights in Third-Party Content

The Site may also contain content created or posted by other Third-Party Companies (“Third-Party Content”). Third-Party Content may be protected by copyright, trademark, patent, trade secret, and other laws. The associated third-party retains all such copyright, trademark, patent, trade secret, and other rights associated with their Third-Party Content.

Parties other than the Company (“Third-Party Suppliers”) may provide products or services for sale on the Site. We may also provide links to the sites of Third-Party Suppliers. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Third-Party Suppliers or the content of their websites. Such information is provided “as is” without express or implied warranty, and you use such information at your own risk. We do not assume any responsibility or liability for the actions, products, or services of any such Third-Party Supplier. Your legal rights in respect of any Third-Party Supplier are governed by applicable laws and by any contracts, agreements, or understandings which you enter into with the Third-Party Supplier, including, without limitation, the applicable Third-Party Supplier’s terms of use.

Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Third-Party Content appearing on or through the Site.

7. Proprietary Rights in Site Content; Limited License

All content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users, or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.

Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, noncommercial use, provided that you keep all copyright or other proprietary notices intact.

Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods.

Any use of the Site, the Site Content, or Third-Party Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

8. User Content

A. Submissions. Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

B. User Personalization Content. Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, and works of authorship, applications, or any other materials that you post on or through the Site to be utilized in the creation of a personalized book (“User Personalization Content”). After uploading your User Personalization Content to the Site, you continue to retain any such rights that you may have in your User Personalization Content, subject to the limited license herein. You understand and agree that the Site may retain, but not display, distribute, or perform, server copies of User Personalization Content. The license you grant to Company is nonexclusive (meaning you are free to license User Personalization Content to anyone else in addition to the Company), fully-paid and royalty-free (meaning that Company is not required to pay you or anyone else for the use on the Site of the User Personalization Content that you post), sub-licensable (so that Company is able to use its affiliates, subcontractors, and other partners such as Internet content delivery networks and wireless carriers to provide the Site’s services), and worldwide (because the Internet and the Site’s services are global in reach). You represent and warrant that: (i) you own the User Personalization Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 7, and (ii) the posting of User Personalization Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Personalization Content posted by you on or through the Site. Company may reject, or delete any User Personalization Content for any or no reason, including User Personalization Content that in the sole judgment of Company violates this Agreement or that may be offensive, illegal, or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Company assumes no responsibility for monitoring the Site for inappropriate User Personalization Content. If at any time Company chooses, in its sole discretion, to monitor the Site, Company nonetheless assumes no responsibility for User Personalization Content, no obligation to modify or remove any inappropriate User Personalization Content, and no responsibility for the conduct of the User submitting any such User Personalization Content. You are solely responsible for the User Personalization Content that you post on or through the Site.

C. User Social Media Submissions. You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Social Media Submissions”) to your social media accounts. By posting and uploading User Social Media Submissions that you have tagged with #123Magic, #123MagicVideo, #123MagicParenting or other Sourcebooks, Inc. or 1-2-3 Magic brand hashtags, you grant to the Company. and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Sourcebooks, Inc. or 1-2-3 Magic-tagged User Social Media Submissions in any manner to be determined in the Company's sole discretion, including but not limited to on its webpages, social media pages operated by the Company, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Company. may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Social Media Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Social Media Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Social Media Submissions, (ii) you have permission from all person(s) appearing in your User Social Media Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your User Social Media Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold the Company the Licensed Parties, and any person acting on the Company's or their behalf harmless from any liability related in any way to the Licensed Parties' use of your User Social Media Submissions.

D. Ask the Expert Submissions. By submitting questions to our Ask the Expert feature (http://offers.123magic.com/ask-the-expert/), you grant to the Company. and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your submissions in any manner to be determined in the Company's sole discretion, including but not limited to on its webpages, social media pages operated by the Company, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Company. may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Ask the Expert Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your real name, question, or other identifying information in connection with any use of your Ask the Expert Submissions. You hereby represent and warrant that (i) you own all rights in and to your Ask the Expert Submissions, (ii) you have permission from all person(s) appearing in your Ask the Expert Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your Ask the Expert Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold the Company the Licensed Parties, and any person acting on the Company's or their behalf harmless from any liability related in any way to the Licensed Parties' use of your Ask the Expert Submissions.

9. Prohibited Content

The following are examples of the kind of content that is illegal or prohibited to post on or through the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending content from the Site and terminating the access of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of Company:

  • Is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • Harasses or advocates harassment of another person;

  • Exploits people in a sexual or violent manner; contains nudity, excessive violence, or offensive subject matter, or contains a link to an adult website;
  • Solicits personal information from anyone under 18;
  • Publicly posts information that poses or creates a privacy or security risk to any person;
  • Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  • Constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated books or music or links to pirated book or music files;
  • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
  • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • Involves commercial activities, marketing, promotion, and/or sales of any other third-party products or websites without prior written consent from Company such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • Includes a photograph or video of another person that you have posted without that person’s consent;
  • Violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person.

10. Your Use of the Site

You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. 1-2-3 Magic reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any 1-2-3 Magic server, or to any of the products offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse lookup, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of 1-2-3 Magic, including any 1-2-3 Magic account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or 1-2-3 Magic’s systems or networks, or any systems or networks connected to the Site or to 1-2-3 Magic.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to 1-2-3 Magic on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 1-2-3 Magic or others.

11. Links, Frames, and Metatags

You may link to the Site’s home page or any page within the Site as long as the link does not cast us in a false or misleading light. You may not frame the content of any of the Site. You may not use metatags or any other “hidden text” that incorporates the Company’s Trademarks or our name without our express written consent.

12. Fraud Policy

The Company has the right to take all necessary actions on your account if fraud is suspected including placing your account on temporary or permanent hold, and/or termination of your account. Access to your personal library will not be allowed during any such hold period. You acknowledge that the Company will not be liable for losses caused by any unauthorized use of your account, even though you may be liable for losses to the Company or others due to unauthorized use for which you are not responsible.

13. Copyright Policy

The Company has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If the Company removes material to comply with the DMCA (“Removed Content”), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any subscribers or account holders and/or block access to the Site of any subscribers or account holders who repeatedly infringe the copyrights of others.

Digital Millennium Copyright Act (DMCA) – Infringement Notification

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:

  • Detailed identification of the copyrighted work that you believe has been infringed.
  • Detailed identification of the material you claim infringes this copyrighted work.
  • Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
  • The statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Your signature.

Send the Infringement Notification to either of the following addresses:

You may contact us via email.

By mail:

Copyright Agent
ATTN: 1-2-3 Magic
Sourcebooks, Inc.
1935 Brookdale Rd. Ste. 139
Naperville, IL 60563

Digital Millenium Copyright Act (DMCA) – Counter Notification

The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. To file a counter notification, you must provide us with a written notice that includes each of the following items:

  • Detailed identification of the material the Company has removed.
  • Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Dupage County, Illinois, if your address is outside of the United States), and that you will accept service of process from the person who provided notification or an agent of such person.
  • The statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Your signature.

Send the Counter Notification to either of the following addresses:

You may contact us via email.

By mail:

Copyright Agent
ATTN: 1-2-3 Magic
Sourcebooks, Inc.
1935 Brookdale Rd. Ste. 139
Naperville, IL 60563

14. Terms of Sale

Products and services may be made available to you by us through the Site. By purchasing any products or services through the Site, you signify that you have read, understand, and agree to be bound by the Terms of Sale in this Agreement in effect at the time of purchase (“Terms of Sale”). These Terms of Sale are subject to change without prior written notice at any time, in the Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Site.

Purchase Qualifications; Account Security

To make a purchase on the Site, you must comply with these Terms of Sale (including the Terms of Use). You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. The Site sells products only to those users who can legally make purchases with a credit card. Purchases are only allowed by individuals over the age of 18. We reserve the right to refuse or cancel orders or terminate accounts, at any time in our sole discretion.

Fees and Services

By using the Site, you agree to pay the fees as presented by the Company at the time of purchase. You will have an opportunity to review and accept the fees for the purchase requested prior to payment. The Company may change pricing policies and fees for services we provide at any time and any changes shall be effective immediately. Unless otherwise stated, all fees quoted on the Site are in U.S. Dollars.

Payment Terms and Methods

We accept Visa, MasterCard, and American Express credit cards, and certain debit cards as forms of payment. By submitting an order through the Site, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to the Site, you may authorize us to store your credit card number and related payment information.

Taxes

User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and the Company reserves the right to collect such taxes or other fees from you at any time.

Delivery

Any tangible property purchased through the Site will be shipped FOB Shipping Point. Title to such products passes from the Company to you upon shipment. With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), the Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.

Exchanges

We will gladly exchange your product if it is damaged, defective, or if the wrong item was delivered to you within 14 calendar days of receipt. Please call our Customer Service department at 844.432.7441, Monday–Friday, between 9:00 a.m. and 5:00 p.m. CST for a return authorization. No exchanges will be accepted without a return authorization. We will gladly exchange your product if it is damaged or if the wrong item was delivered to you.

Returns & Refunds

There are no returns or cancellations for any intangible property or services purchased from the Site and/or its partners. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by the Site in its sole discretion. By completing the purchase of products offered through the Site, you hereby acknowledge and accept this policy in full.

Any digital content, including apps and ebooks, purchased from the Company cannot be returned or refunded. If you experiencing trouble using your purchase, please email us for technical assistance.

Purchases: Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

1-2-3 Magic’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

1-2-3 Magic may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and 1-2-3 Magic makes no commitment to update the materials on the Site with respect to such products and services.

15. Gift Card Terms and Conditions

Redemption.

1-2-3 Magic ® Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by the Company at www.123magic.com. No fees apply to Gift Cards. Gift cards do not expire or decrease in value if not used.

Purchases can be made using a Gift Card until the balance reaches zero. If a purchase exceeds your Gift Card balance, the remaining amount must be paid using a different method of payment. The status and balance of your Gift Card can be viewed from Your Account.

Limitations.

Except to the extent required by law, Gift Cards cannot be redeemed for cash or credit, reloaded or resold and are non-transferrable for value. Any available balance cannot be used to purchase other Gift Cards or transferred to another 1-2-3 Magic account. Gift Cards purchases cannot be cancelled and are non-refundable. Promotional offers cannot be used to discount the purchase of Gift Cards.

Risk of Loss.

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen or destroyed or any Gift Card is used without your permission. We are not responsible for e-gift cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her e-gift card.

Use of Gift Card in Violation of these Terms and Conditions.

We reserve the right to void Gift Cards, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained, used fraudulently, unlawfully or otherwise in violation of these terms and conditions.

Limitation of Liability.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Disputes

We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

General Terms

The 1-2-3 Magic Terms of Use and Privacy Policy apply. Gift Cards are issued by Sourcebooks, Inc., an Illinois corporation. When you purchase, receive or apply a Gift Card to your account or to a purchase, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Sourcebooks, Inc. and its affiliates related to your use of a Gift Card. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

15. Privacy

1-2-3 Magic’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view 1-2-3 Magic’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

16. Disclaimers

1-2-3 Magic DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. 1-2-3 Magic CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. 1-2-3 Magic DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 1-2-3 Magic DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY 1-2-3 Magic SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST 1-2-3 Magic FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

1-2-3 Magic reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or nonroutine maintenance, error correction, or other changes.

17. Limitation of Liability

Except where prohibited by law, in no event will 1-2-3 Magic be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if 1-2-3 Magic has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, 1-2-3 Magic is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, 1-2-3 Magic’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

18. Indemnity

You agree to indemnify and hold 1-2-3 Magic, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against 1-2-3 Magic by any third party due to or arising out of or in connection with your use of the Site.

19. Violation of These Terms of Use

1-2-3 Magic may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) 1-2-3 Magic’s rights or property, or the rights or property of visitors to or users of the Site, including 1-2-3 Magic’s customers. 1-2-3 Magic reserves the right at all times to disclose any information that 1-2-3 Magic deems necessary to comply with any applicable law, regulation, legal process, or governmental request. 1-2-3 Magic also may disclose your information when 1-2-3 Magic determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that 1-2-3 Magic may preserve any transmittal or communication by you with 1-2-3 Magic through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or 1-2-3 Magic determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of 1-2-3 Magic, its employees, users of or visitors to the Site, and the public.

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to 1-2-3 Magic, for which monetary damages would be inadequate, and you consent to 1-2-3 Magic obtaining any injunctive or equitable relief that 1-2-3 Magic deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies 1-2-3 Magic may have at law or in equity.

If 1-2-3 Magic does take any legal action against you as a result of your violation of these Terms of Use, 1-2-3 Magic will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to 1-2-3 Magic. You agree that 1-2-3 Magic will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

20. Disputes

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of Illinois without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in DuPage County, Illinois, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between 1-2-3 Magic and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty [30] days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

21. Void Where Prohibited

Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. 1-2-3 Magic reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

22. Termination

We reserve the right to terminate any or all of the Site and this Agreement at any time without notice for any reason, including, in the case of the Agreement, for your violation of any of its provisions. The Indemnification, Disclaimer, Limitation of Liability, and Governing Law sections of this Agreement shall survive any such termination.

23. Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and 1-2-3 Magic with regard to your use of the Site. 1-2-3 Magic’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by 1-2-3 Magic of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between 1-2-3 Magic and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

24. Feedback and Information

Any feedback you provide at this site shall be deemed to be nonconfidential. 1-2-3 Magic shall be free to use such information on an unrestricted basis.

This Agreement, together with our Privacy Policy, and any notices regarding the Site sent to you or posted on the Site, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.

25. Contact Information

If you have any questions or concerns about these Terms of Use or if you need further assistance with respect to access to or use of the Site, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

You may contact us via email.

Mailing address:

Sourcebooks, Inc.
ATTN: 1-2-3 Magic
1935 Brookdale Rd. Ste. 139
Naperville, IL 60563
Telephone: 630-961-3900

Last updated and effective as of: 1/10/16


Need Help? Call: 1-844-432-7441 • LIVE ONLINE CHAT

View our Shipping Policy.

All content and design copyright © 1-2-3 Magic 2017. All Rights Reserved.
View our Privacy Policy and Terms of Use.