The information you may be reviewing herein may be the subject of patents, trademarks and copyrights of the company and hence your cooperation in maintaining confidentiality is appreciated. If you have any questions about this agreement for confidential disclosure please do not hesitate to get in touch by sending an e-mail to: info@magicwebcreator.com. If you have any questions please let us know.
These Terms of Service (“Terms of Service” or “Agreement“) govern the services offered by MAGIC WEB CREATOR (“MAGIC WEB CREATOR” or “us” or “we” or “our“) as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate and any other features, content, services or applications offered, from time to time, by us.
This Agreement sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a “Website Creator” (which means that you have registered to utilize our tools to build a website (“Website“), a “Member”, or a “Visitor”. The term “User” refers to a Visitor or a Member or a Website Creator.
By browsing or registering with, creating or using any of our Websites you are agreeing to these Terms of Service, and these Terms of Service along with any other guidelines we may post from time to time (collectively, the “Guidelines“) will govern your use of the Services. PLEASE READ CAREFULLY THESE TERMS OF SERVICE BEFORE USING THE WEBSITE AND/OR SERVICES, AS THEY AFFECT YOUR RIGHTS AND LIABILITIES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY OF THE GUIDELINES, YOU MUST CEASE USE OF THE SERVICES.
1.Eligibility
MAGIC WEB CREATOR offers its Services to its Users. It shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in any Service. Without limiting the foregoing, use of and membership in the Services is void where prohibited. By using the Services, you represent and warrant that: (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; and (b) If you are using or creating a Website on or through MAGICWEBCREATOR.COM as a representative of a company or legal entity: (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity; and (c) all registration information you submit is truthful and fully accurate; and (d) you shall maintain the accuracy of such information; and (e) you are at least 18 years of age; and (f) your use of the Services does not violate any applicable law or regulation. You acknowledge and accept that your account and Website (as applicable) may be deleted and your membership may be terminated without notice, if, at our sole discretion, we suspect that you are in violation of any of the above provisions.
2.Paid Services
Some of the Services offered on MAGIC WEB CREATOR require payment of fees (“Paid Services“). If you elect to sign up for Paid Services, you agree to pay all applicable fees in connection with such Paid Services selected by you, as further described therein. You authorize MAGIC WEB CREATOR, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Paid Services, whether directly or via third parties, at our discretion.
It is hereby clarified, that all MAGIC WEB CREATOR rates and fees in connection with Paid Services or otherwise, exclude all taxes, duties, levies, fees, charges or tolls imposed by applicable taxing authorities, and you shall be fully responsible and liable in connection with payment of such taxes, duties, levies, fees, charges or tolls. You hereby agree to pay for any such taxes, duties, levies, fees, charges or tolls that might be applicable due to your use of the Services and payments made by you to MAGIC WEB CREATOR. MAGIC WEB CREATOR reserves the right to change its rates and at any time, by publishing the revised rates with no further notice.
3. Password
By becoming a Member or a Website Creator you will also be requested to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal action against individuals who misuse accounts and memberships on magicwebcreator.com. In addition, you acknowledge and accept that we shall not be liable for losses sustained by you due to unauthorized use of your account and/or Website and that you will be fully liable for any and all costs and/or losses sustained by us or by third parties due to such unauthorized use.
4. User Data and Website Content Control
You control the Websites you create using the Services and MAGIC WEB CREATOR does not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, animation, or any other work or authorship added to or submitted with any of the foregoing (collectively, “Content“) posted by you or by Visitors or Members of your Websites. Therefore, MAGIC WEB CREATOR takes no responsibility for any Content located on your Website and MAGIC WEB CREATOR has no obligation to monitor such Content or your Website. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service or applicable law and for ensuring compliance with these Terms of Service and applicable law. By visiting or becoming a member of a Website created by using the Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by the Website Creator and their authorized representatives and administrators. Similarly, by adding or using a service provided by one of our affiliates or business partners, you agree that the Content and information you or your Website Visitors or Members provide in the interactions with your Website as well as that service may be accessed by the respective affiliate or business partner and their authorized representatives. We require Website Creators, affiliates and business partners to respect your privacy settings and our privacy guidelines, but your agreement with that Website affiliate or business partner will control how they can use the Content and information shared with them. BE SURE TO CAREFULLY READ AND UNDERSTAND THE PRIVACY SETTINGS, TERMS AND PRIVACY POLICIES OF THAT WEBSITE OR SERVICE PRIOR TO YOUR INTERACTIONS WITH SUCH WEBSITE AFFILIATE OR BUSINESS PARTNER.
Note: That MAGIC WEB CREATOR cannot guarantee that such third parties will comply with their contractual requirements, and MAGIC WEB CREATOR does not assume any liability or responsibility for any third party’s actions, or for enforcing any agreements such third parties may enter into with you or with us. As a Website Creator, you and your authorized representatives and administrators will have access to the email address of the Members of your Website, along with certain information, Content and data provided or collected during their registration and use of your Website (“Website Member Data“). MAGIC WEB CREATOR may also provide you with access to certain Visitor data that we collect as part of our Services (collectively with Website Member Data and other data you collect, “User Data“). You agree to have a privacy policy or otherwise make it clear to your Visitors and Members what User Data you are going to use and how you will use, display or share that data. You further agree that, as between you and MAGIC WEB CREATOR, subject to this Agreement and each User’s rights: (i) MAGIC WEB CREATOR owns all right, title and interest, including all intellectual property rights, in and to the User Data collected by us, and (ii) you own all right, title and interest, including all intellectual property rights, in and to the User Data collected by you. Notwithstanding the foregoing, in order for MAGIC WEB CREATOR to run your Website , you hereby grant MAGIC WEB CREATOR a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to: (i) use, reproduce, store, modify, create derivative works of, distribute, publicly perform and display the User Data on or through MAGICWEBCREATOR.COM and in all current and future media in which the Services may be distributed; (ii) use and disclose the User Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner; and (iii) use User Data for other purposes permitted by the MAGIC WEB CREATOR privacy guidelines.
5. Obligation to Protect User Data
If you collect or have been provided access to User Data, you hereby agree not to use, display or share User Data in a manner inconsistent with the User’s privacy settings, our Terms of Service and Guidelines, and all applicable laws and regulations. You hereby further agree that your use and disclosure of User Data shall be reasonably protective of each User’s rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of User Data that are less stringent than the standards set forth in our privacy guidelines. You agree to promptly delete all User Data: (i) relating to any user who de-authorizes, disconnects or otherwise disassociates from your Website or service, or (ii) if we disable your Website or Services, or (iii) upon request by us or the User. MAGIC WEB CREATOR is not required to keep back-up copies of User Data once the Website or User Data is deleted. MAGIC WEB CREATOR makes no guarantee that User Data will be safely stored on MAGICWEBCREATOR.COM or elsewhere. You may independently back-up User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that MAGIC WEB CREATOR may terminate the account of any User (including Members of your Website(s) in accordance with this Agreement, but shall have no obligation to do so and you shall have no claim against us in such respect.
6. Proprietary Rights to Content
By displaying or publishing/posting any Content on or through the Services, you hereby grant to MAGIC WEB CREATOR a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Services. Without this license, MAGIC WEB CREATOR would be unable to provide the Services.
The license you grant to MAGIC WEB CREATOR is non-exclusive, fully paid and royalty-free, transferable and sub-licensable, and worldwide. Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on Websites after you remove it from the Services, as portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers. When you post any Content on a Website, you provide the Website Creator, other Members of that Website or the public in general with permission to view and use your content depending on the Website’s privacy settings and policies, and you shall have no claim against us in respect to such use.
MAGIC WEB CREATOR (1) offers links to Content hosted on third party websites, the use of which is subject to the license terms of such Content, at your full responsibility; and (2) allows you to post Content, as well as download, embed or link to Content hosted on third party websites. You acknowledge that we do not have the ability to determine the rightful owner of such Content and do not monitor the Services and/or Websites for Content infringement by Users. Therefore, you represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the use and/or posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, moral rights, contract rights, license terms of such Content or any other rights of any third party. You agree to pay for all royalties, fees, penalties and any other monies owing any person by reason of any infringing Content posted by you to or through the Services, including any infringement by your Members and/or Visitors. If a Website is removed, the Content associated with that Website may also be deleted at the discretion of the Website Creator or MAGIC WEB CREATOR. You should be aware that MAGIC WEB CREATOR is not required and may not keep back-up copies of Content once the Website or Content is deleted. Additionally, MAGIC WEB CREATOR makes no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on MAGICWEBCREATOR.COM. The MAGIC WEB CREATOR Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the “MAGIC WEB CREATOR Content“). MAGIC WEB CREATOR owns and retains all rights in the MAGIC WEB CREATOR Content and the Services. MAGIC WEB CREATOR hereby grants you a limited, freely revocable, non-sub licensable license to reproduce and display the MAGIC WEB CREATOR Content (excluding any software code) solely for your personal use in connection with using the Services as permitted herein. All the intellectual property rights in the MAGIC WEB CREATOR technology, which does not include your Content, are owned by MAGIC WEB CREATOR or its licensors. The MAGIC WEB CREATOR Services contain Content of Users and other MAGIC WEB CREATOR licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the Content owner. Our Website may contain links and content of third parties not controlled or owned by us, including but not limited to affiliates or business partners of MAGIC WEB CREATOR. You hereby acknowledge that we have no control and assume no responsibility or liability for any such content or actions of any third party, and you shall have no claim against us for any such content and/or actions.
7.Content Posted
You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MAGIC WEB CREATOR assumes no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us by sending an email to info@magicwebcreator.com. Without assuming any obligation to do so, MAGIC WEB CREATOR may delete any Content or suspend any Website or account associated with it, that in the sole judgment of MAGIC WEB CREATOR violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. MAGIC WEB CREATOR assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, MAGIC WEB CREATOR chooses, in its sole discretion, to monitor the Services, MAGIC WEB CREATOR nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. MAGIC WEB CREATOR does not endorse and has no control over the Content. Content is not necessarily reviewed by MAGIC WEB CREATOR prior to posting and does not necessarily reflect the opinions or policies of MAGIC WEB CREATOR. MAGIC WEB CREATOR makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from other Users.
8.Prohibited Content and Activity
The following is a partial list of the kind of Content and activity that is prohibited on any Website and through the use of the Services. MAGIC WEB CREATOR reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability, if we believe you are in violation of this provision. MAGIC WEB CREATOR further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of MAGIC WEB CREATOR: • interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services; • may constitute or contribute to a crime or tort; • communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights; • engages in unlawful multi-level marketing, such as a pyramid scheme; • is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence; • involves sending or otherwise posting unauthorized commercial communication (such as spam); • solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 18; • solicits login information or accessing an account belonging to someone else; • makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users’ Content or information; • facilitates or encourages any violation of these Terms of Service. • attempts to impersonate another person or entity, including, but not limited to, a Member or MAGIC WEB CREATOR official, to falsely state or otherwise misrepresent your affiliation with a person or entity; • provides false personal information or creates an account for anyone other than yourself without permission; • creates and maintains a Website that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages; • uploads viruses or other malicious code; • involves selling or otherwise transferring your account without our prior permission;
9.Third Party Interaction
YOU AGREE TO COMPLY WITH THE LICENSE AND RESTRICTIONS APPLICABLE TO EACH ITEM OF CONTENT YOU POST, COPY, ACCESS, OR USE (INCLUDING THIRD PARTY CONTENT) AND WE SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY FAILURE ON YOUR PART TO COMPLY WITH THE TERMS AND CONDITIONS OF SUCH LICENSE AND RESTRICTIONS.
Content from other Users or third parties is made available to you through other Websites and MAGICWEBCREATOR.COM. The inclusion of any such Content on MAGICWEBCREATOR.COM does not imply our affiliation or endorsement of such Content. Because MAGIC WEB CREATOR does not control such Content, you agree that MAGIC WEB CREATOR is not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on MAGICWEBCREATOR.COM, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that MAGIC WEB CREATOR is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s or third party’s use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), MAGIC WEB CREATOR is under no obligation to become involved. You release MAGIC WEB CREATOR, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect. You further agree to abide the anti-spam policy provided by GoDaddy and/or MAGIC WEB CREATOR reserve the right to investigate and take appropriate actions against anyone who, in our or sole discretion (as applicable), violates the GoDaddy anti-spam policies or these Terms of Service, including with no limitation, immediate disconnection of sites and deletion of accounts and legal actions.