Terms and Conditions
Thank you for your interest in Magin. We invite you to access our web sites and use our Service (as defined below), but please note that your invitation is subject to your review and agreement with certain terms and conditions. These terms and conditions are set forth in this document, and in certain other policies, guidelines and other terms or conditions that may be presented to you from time to time at other locations in our web sites in connection with specific Service offerings (all of which may be updated from time to time and are collectively referred to as our "Terms of Service"). You need not accept this requirement to agree to our Terms of Service, but if you reject our Terms of Service you do not have any right to access or use our Service. If you do access our web site and use our Service, your use shall be deemed to accept the Terms of Service and be a party to a legally binding contract with Magin, Inc. Palo Alto, California, ("Magin", "we", and sometimes "us").
You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The then-applicable Terms of Service will be posted at getmagin.com/tos, and we will indicate the effective date of each update at the top of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
The Magin Service consists of products, computer programs, widgets, browser extensions, mobile applications, services and web sites hosted or made available by Magin, which you may use for adding your cloud accounts and in turn search to locate a document, now known or hereafter developed (collectively, the "Service").
Use of Service
Subject to the terms and conditions within, these Terms of Service, Magin grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of the United States. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username and password to access or use the Service (the "Account Information"). You are responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify Magin of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet Service Provider and airtime charges).
You acknowledge and agree that all data, in whatever form and technical structure, stored using the Service ("Content"), are the sole responsibility of the person(s) creating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service, without obligation to any person.
You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is stored by anyone using your Account Information with the Service and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to Magin that you have the unfettered legal rights and authority to permit you to add your Content to Magin in connection with your use of the Service, and such submission and the grant to Magin of the rights you grant herein in connection with Magin's offering and operation of the Service does not infringe the rights of any person or third party.
You further agree to NOT:
- use our products or the Service for illegal purposes or for promotion of dangerous activities;
- impersonate any person or entity, including, but not limited to, a Magin staff member, or falsely state or otherwise misrepresent your affiliation with Magin or any other person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- store any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- store any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- store any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
- violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- collect or store personal data about other users for commercial purposes;
- allow usage by others in such a way as to violate these Terms of Service;
- engage in commercial activities within the Service or on behalf of Magin without prior approval;
- solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
- exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person's entries or other content when you have not been granted the right to do so;
- access (or attempt to access) any of the Service by any means other than through the interface that is provided by Magin (unless you have been specifically allowed to do so in a Separate Agreement), or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or;
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (unless you have been specifically allowed to do so in a Separate Agreement); and
- take any action that would be in violation of Magin's Trademark Brand Guidelines and Usage Requirements
Proprietary rights, licenses and limitations
Magin acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that you store in the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that Magin has no obligation to do so on your behalf.
Magin hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Magin as part of the Service as provided to you by Magin, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
We retain the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of searches, the number of cloud accounts you can add, the number of previews you can make, the number of actions you can take on a search result, the nature or size of any index or library information, the nature of, or your continued ability to access your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of Magin actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Magin has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.
Magin may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. You understand that Magin, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
Magin may from time to time include as part of the Service computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Magin expressly disclaims any warranty or other assurance to you regarding such third party software.
You may discontinue your use of the Service at any time, for any or no reason and with or without notice. Magin may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for Magin terminating your account or the Service include, without limitation:
- breach or violation of these Terms of Service or any Separate Agreement,
- your request or self-effecting account deletion,
- an extended period of inactivity (determined in Magin's sole discretion),
- your nonpayment of any fees or other sums due Magin or any other party related to your use of the Service,
- requests by law enforcement or other government agencies, or
- unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.
We may include the use of third party resources and/or links to third party websites as part of the Service. We have no control over such sites and resources and, accordingly, you acknowledge and agree that
- we are not responsible for the availability of such external sites or resources;
- we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and
- we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
You agree to indemnify and hold Magin, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Magin EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Magin DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Magin OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Magin, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF Magin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR CONTENT: (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) Magin'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; OR (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE.
Exclusions and limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You agree that we may provide you with notices hereunder by email, regular mail, app notifications or postings on the web site(s) related to the affected Service, in our discretion, and that we may rely upon the contact information you have provided as being accurate, complete and current.
Except where these Terms of Service specifically provide for use of a different means or address for notice, any notice hereunder to Magin must be delivered by email to firstname.lastname@example.org. This email address may be updated as part of any update to these Terms of Service.
- These Terms of Service constitute the entire agreement between you and Magin and governs your use of the Service, except, and then only to the extent that you have entered into a Separate Agreement. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and Magin for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party.
- You acknowledge and agree that each affiliate of Magin shall be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms of Service.
- These Terms of Service and the relationship between you and Magin shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Magin agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. Notwithstanding this, you agree that Magin shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction.
- The failure or delay by Magin to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these Terms of Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
- The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Magin may amend this Policy at any time by posting the amended terms on our website. All amended terms will be automatically effective without further notice, 30 days after they are first posted. If you have any comments on this Terms of Service please email us at email@example.com or write to us at:
Magin App, Inc.
1871 Rice way,
Walnut Creek, CA 94595