Terms of Service
MajikWidget Terms of Service
By using the MAJIKWIDGET web site and Widgets ("Service"), a service of Cable Organizer, LLC. ("MAJIKWIDGET), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
MAJIKWIDGET reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.majikwidget.com/terms.html
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
Account Terms.
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, blog web address, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted
5. You are responsible for maintaining the security of your account and password. MAJIKWIDGET cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for integrating all code received from MAJIKWIDGET into your web site and/or blog.
7. If you are using a free account or service you are not permitted to block ads or links contained within this service.
8. One person or legal entity may not maintain more than one free account.
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
API Terms
1. You expressly understand and agree that MAJIKWIDGET shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MAJIKWIDGET has been advised of the possibility of such damages), resulting from your use of the MAJIKWIDGET online service, API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to MAJIKWIDGET via the service or API may result in the temporary or permanent suspension of your account's access to the API. MAJIKWIDGET, in its sole discretion, will determine abuse or excessive usage of the service or API. MAJIKWIDGET will make a reasonable attempt via email to warn the account owner prior to suspension.
3. MAJIKWIDGET reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the service or API (or any part thereof) with or without notice.
Payment and Refund Terms
1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. Your purchase of Service credits area billed immediately and is non-refundable. There will be no refunds or credits for partial usage of service, unused credits or partial account usage. In order to treat everyone equally, no exceptions will be made.
3. All payment processing is handled through PayPal payment systems for security. MAJIKWIDGET does not database, file or keep records of any credit card data on its servers or web site.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
1. The Service is billed on a pay as you go basis. To cancel or terminate the Service you need to simply stop using the service and remove all widgets and MAJIKWIDGET code from your web site.
2. MAJIKWIDGET, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MAJIKWIDGET service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all widgets/features in your Account. MAJIKWIDGET reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. MAJIKWIDGET reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MAJIKWIDGET Site (www.majikwidget.com) or the Service itself.
3. MAJIKWIDGET shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. MAJIKWIDGET retains all copyrights, ownership and intellectual property rights to all product code and services provided within the MAJIKWIDGET web site and service offerings.
2. The Service at times leverages the use of third-party open source code that is used in accordance to the provisions granted in their respective GNU license.
3. Any user submitted suggestions, ideas, comments, feature requests, improvement submissions or other product concepts, ideas or designs communicated to MAJIKWIDGET will be considered intellectual property of MAJIKWIDGET. MAJIKWIDGET reserved the right to develop, distribute and commercialize any such idea, concept, design, feature request or improvement for its own benefit with no encumbrances from the originator. By submitting such information to MAJIKWIDGET you agree to this provision and wave all claim, rights or other ownership to such information.
4. MAJIKWIDGET and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is currently available via the Service.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MAJIKWIDGET has no control over such sites and resources, you acknowledge and agree that MAJIKWIDGET is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MAJIKWIDGET 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, goods or services available on or through any such site or resource.
MajikWidget's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MAJIKWIDGET, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. MAJIKWIDGET grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by MAJIKWIDGET for use in accessing the Service.
Usage of Trademark Information
1. MAJIKWIDGET, trademarks and service marks, and other MAJIKWIDGET logos and product and service names are owned by and /or trademarks of MAJIKWIDGET (the MAJIKWIDGET Marks). Without MAJIKWIDGET's prior permission, you agree not to display or use in any manner, the MAJIKWIDGET Marks.
2.
Registered users of the Service do hereby grant MajikWidget express permission to display your company's trademarks and service marks within the MajikWidget web site and marketing materials, print or otherwise, to acknowledge your status as a client and/or user of the Service.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only available via email (we try to respond within 1-4 hours).
3. You must not modify, adapt or hack the Service or modify another web site so as to falsely imply that it is associated with the Service, MAJIKWIDGET, or any other MAJIKWIDGET service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MAJIKWIDGET.
5. We may, but have no obligation to, remove widget, widget features, or accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MAJIKWIDGET customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not transmit any worms or viruses or any code of a destructive nature through an of the Service code.
9. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by MAJIKWIDGET) of other MAJIKWIDGET customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption.
10. MAJIKWIDGET does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that MAJIKWIDGET shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MAJIKWIDGET has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
12. The failure of MAJIKWIDGET to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MAJIKWIDGET and govern your use of the Service, superceding any prior agreements between you and MAJIKWIDGET (including, but not limited to, any prior versions of the Terms of Service).
13. Questions about the Terms of Service should be sent to support@majikwidget.com