(Last updated March 24, 2016)
Access to the Website
Responsibility of Visitors
MAGIMPACT has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MAGIMPACT does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MAGIMPACT disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Information and services provided on the Website are provided for informational purposes only. While we believe you can benefit from applying the content made available on the Website, MAGIMPACT makes no claims or guarantees that you will achieve any specific results through the application of the content and materials provided on the Website. It is your responsibility to evaluate and apply this information in a manner that you decide is best, and you are solely responsible for the consequences of your actions and any results obtained.
MAGIMPACT provides email support to users of the Website. Please contact your account manager (or firstname.lastname@example.org) for any questions, concerns or comments you have about the Website or its content and materials. Your account manager will try her or his best to reasonably assist you with any issues related to the Website and the services we provide. Assistance and advice from account managers, or any other MAGIMPACT staff, should be carefully evaluated by you for soundness and applicability to your specific situation. While we try our best to provide you with the best possible advice, guidance and support, you know and understand your particular circumstances best and you are solely responsible for the application and implementation of any information provided to you by MAGIMPACT staff. MAGIMPACT disclaims any responsibility for any harm resulting from your use of any advice, guidance or support provided by MAGIMPACT staff.
Responsibilities of Contributors
If you comment on a blog post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code.
If you delete Content, MAGIMPACT will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, MAGIMPACT has the right (though not the obligation) to, in MAGIMPACT’s sole discretion, (i) refuse or remove any content that, in MAGIMPACT’s reasonable opinion, violates any MAGIMPACT policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. MAGIMPACT will have no obligation to provide a refund of any amounts previously paid.
We believe that unsolicited commercial email (also known as “Spam” or “Junk Email”) is beneficial to neither you, your business, your prospects nor your customers. There are better methods and means to acquire new leads and customers than by sending out bulk unsolicited emails.
We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws.
If you subscribe to electronic newsletters or other communications from us or the Website, you will always have an option to unsubscribe immediately.
You agree not to send out unsolicited commercial email in conjunction with any marketing activities or any other activities related to the Website. Any content, tips, advice, communications, etc. displayed in any manner on the Website is not to be construed to be promoting or encouraging in any way the use of unsolicited commercial email. If you use our web hosting or email hosting services, you agree to not send any unsolicited commercial email through these services at any time for any reason.
Violating our anti-spam policy will result in your account being immediately suspended, without refund.
If you have any questions, concerns or comments regarding our email policies, please contact your account manager via email (or email@example.com).
If you (or we on your behalf) create an account on the Website, you are responsible for maintaining the security of your account and any materials associated with or contained in that account. You agree not to share your account with any other user, including but not limited to co-workers, family, friends, or any third-party entities. Each user must have their own account (note that additional user accounts in most cases are available for no additional fee — contact your account manager for information about how to allow access for additional users).
You are fully responsible for all activities that occur under your account and any other actions taken in connection with the account or materials. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify MAGIMPACT of any unauthorized uses of your account or any other breaches of security. MAGIMPACT will not be liable for any acts or omissions by you, including those resulting from your negligence and including any damages of any kind incurred as a result of such acts or omissions.
Fees, Payments and Refunds
By signing up for any subscription services (including but not limited to MyTools) or recurring-fee services (including but not limited to website hosting services) you agree to pay MAGIMPACT the specified monthly or annual fees in exchange for access to the services. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. MAGIMPACT reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Access to subscription and recurring-fee sevices can be canceled by you at anytime on 30 days written notice to MAGIMPACT.
For information about refunds for cancelled services, please read our Refund Policy. Requests for refunds must be made in writing and must be received by us within the refund period as stated in Refund Policy (for example, refund requests for MyTools must be received by us within the first 30 calendar days after your account is created). We will make a reasonable effort to get your refund processed within 5 business days.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. MAGIMPACT does not have any control over those non-MAGIMPACT websites, and is not responsible for their contents or their use. By linking to a non-MAGIMPACT website, MAGIMPACT does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MAGIMPACT disclaims any responsibility for any harm resulting from your use of non-MAGIMPACT websites and webpages.
Copyright Infringement and DMCA Policy
As MAGIMPACT asks others to respect its intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify MAGIMPACT in accordance with MAGIMPACT’s Digital Millennium Copyright Act (“DMCA”) Policy. MAGIMPACT will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MAGIMPACT will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MAGIMPACT or others. In the case of such termination, MAGIMPACT will have no obligation to provide a refund of any amounts previously paid to MAGIMPACT.
Disclaimer of Warranties
The Website is provided “as is.” MAGIMPACT and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MAGIMPACT nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
General Representation and Warranty
US Economic Sanctions
You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and MAGIMPACT reserves the right to terminate accounts or access of those in the event of a breach of this condition.
We’d like to acknowledge Automattic Inc. (WordPress) for making their legal terms of service available under a Creative Commons Sharealike license. We have used parts of their terms of services as a basis for ours. Read more here: http://en.wordpress.com/tos