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Terms and Conditions

Terms of Use
Your friends at MagicInTheSky.com wish to provide the friendliest atmosphere to explore our internet based content. Please be advised of the following disclaimer for all our sites at MagicInTheSky.com and the various links for those sites.

TERMS AND CONDITIONS MAY CHANGE
MaginInTheSky.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

BATFE PERMIT/LICENSE
All sales of 1.3G Display Fireworks require an original signed copy of the BATFE Permit/License (pink sheet) to be on file 24 hours prior to pick-up or shipping.

COLORS
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

CONFIRMED PRICES AND PRICING ERRORS
We cannot confirm the price of an item until your order has been placed nor will we charge your credit card until approved though our third-party processor. Mail orders will be deemed made on the postmarked date. Prices are subject to change without notice. We reserve the right to limit quantities. Special order / preseason sales prices are good while supplies last.

SUBMISSIONS We are delighted to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our team might seem to others to be similar to their own creative work.

Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property.

None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

DISCLAIMER THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAGIC IN THE SKY, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

MAGIC IN THE SKY, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAGIC IN THE SKY, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MAGIC IN THE SKY, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Further, MagicInTheSky.com explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from MagicInTheSky.com from third parties not associated with MAGIC IN THE SKY, LLC. MagicInTheSky.com encourages discretion when browsing the Internet using our or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, MAGIC IN THE SKY, LLC cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

MagicInTheSky.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from MagicInTheSky.com, since other shop channels are owned and operated by independent retailers. MagicInTheSky.com does not endorse any of the merchandise, nor has MagicInTheSky.com taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. MagicInTheSky.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MAGIC IN THE SKY, LLC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF MAGIC IN THE SKY, LLC OR A MAGIC IN THE SKY, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MAGIC IN THE SKY, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

EMAIL POLICY
MagicInTheSky.com will not share, sell, or distribute your email address submitted to receive notification when a site update occurs.

U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Jacob J. Dell's proprietary rights in them.

A partial list of U.S. Trademarks owned by Jacob J. Dell follows.
Any questions concerning the use of these Trademarks and whether a Trademark that does not appear on this list is a Trademark of Jacob J. Dell should contact to Jacob J. Dell at (210)-267-5371 or via e-mail jacob@MagicInTheSky.com.

Christmas Candela™
Magic in the Sky®
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DreamMaker™
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Jacob J. Dell theme by Abigail Falkner is © 2002 by Jacob J. Dell and is used with permission.

Terms of Use
Use of this site signifies your agreement to the terms of use.

© 1987-2017 by Jacob J. Dell


Write to:
Jacob J. Dell
Magic In the Sky, LLC
26926 Hardy Run
Boerne, TX 78015