Terms of service
Last Updated: May 2, 2023
Welcome to MagicDog, operated by [MagicDog Company Name] (“MagicDog,” “we,” “us,” or “our”). These Terms of Service (the “Agreement”) apply to your use of MagicDog's website and service (collectively, the “Site and Services”) available at [MagicDog website domain name].
By accessing or using the Site and Services, you agree to be bound by the Agreement. If you do not agree with any part of the Agreement, do not use the Site and Services.
1. Modification of This Agreement
1.1. We may change, modify, add or remove portions of the Agreement (each, an “Update”) at any time and in our sole discretion without prior notice, and each such Update will be effective immediately. If we make an Update, we will change the “Last Updated” date above. Your continued use of the Site or Services will confirm your acceptance of the Update. We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with the use of the Site or Services. If you do not agree to an Update, you must discontinue using the Site and Services.
2. Ownership; Proprietary Rights
2.1. The Site and Services, including all information and materials contained in the Site and Services, is owned and operated by MagicDog or, to the extent expressly otherwise indicated in the Site and Services, other parties. All content, images, illustrations, designs, names, products, services, icons, photographs, video clips, typefaces, source, and object code, format, queries, algorithms, visual interfaces, HTML, information, graphics, design, look and feel, compilation and all other elements (whether written or otherwise) of the Site and Services (collectively, the “Materials”), as well as their selection and arrangement, and all intellectual property and other rights relating to Materials, are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials are the property of MagicDog or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by MagicDog under this Agreement, you agree not to directly or indirectly sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
2.2. User hereby grants to MagicDog and its affiliates a non-exclusive, worldwide, fully paid-up, and royalty-free license to use, reproduce, modify, create derivative works, distribute, display, and transmit any data voluntarily contributed by the User to MagicDog via the connectors or APIs (“User Upload Data”) solely for those purposes necessary to provide the Services.
2.3. User warrants to MagicDog that, and shall ensure that, no User Upload Data contains content that may infringe upon the intellectual property rights of another, nor would the User Upload Data violate any applicable laws of any jurisdiction, including the United States, and that the User has all necessary rights to grant the rights provided within this Agreement, including within the preceding section, to MagicDog.
2.4. Ownership. Notwithstanding any provision to the contrary herein, User shall at all times retain sole ownership of its User Upload Data. As between the parties, MagicDog owns and retains all right, title, and interest in and to the Services. There are no implied licenses granted by MagicDog under this Agreement.
3. Guidelines; Usage Rules; Prohibited Conduct and Uses
3.1. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THE USAGE RULES SET FORTH IN THIS SECTION 3 (THE “GUIDELINES”). IN PARTICULAR, YOU WILL NOT:
3.1.1. use the Site or Services or any information displayed within the Site and Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location or personal information about other Users;
3.1.2. use the Site or Services if you are under the age of eighteen (18) years old;
3.1.3. use the Site or Services for any illegal purpose, or in violation of any local, state, national, or international law, including laws governing intellectual property or other proprietary rights, data security, privacy or import or export control;
3.1.4. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
3.1.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site and Services accounts of other Users;
3.1.6. misrepresent the source, identity, or content of information transmitted via the Site and Services;
3.1.7. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site and Services, features that prevent or restrict use or copying of any content accessible through the Site and Services, or features that enforce limitations on the use of the Site and Services;
3.1.8. intentionally interfere with or damage operation of the Site and Services or Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, key loggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;
3.1.9. post, store, send, transmit, or disseminate any information or material that a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether the information or material, or its dissemination, is unlawful;
3.1.10. post, store, send, transmit, or disseminate any information or material that infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
3.1.11. attempt to gain unauthorized access to the Site and Services, or any part of it, other accounts, computer systems or networks connected to the Site and Services, or any part of it, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
3.1.12. hack, spam or phish MagicDog or any Users; or
3.1.13. hold us responsible for your use of the Site and Services.
3.2. Please let us know about any inappropriate behavior that you become aware of within the Site and Services. If you find something that violates these Guidelines or the Agreement otherwise, let us know by sending us an email to [MagicDog support email]. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Site and Services without notice.
4. Usage; Refusal or Suspension of Service
4.1. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE SITE AND SERVICES OR SERVICES. ACCORDINGLY, WE ALSO RESERVE THE RIGHT TO
5. Suspension and Termination
- 5.1. MagicDog reserves the right to suspend or terminate your access to the Site and Services or take any other appropriate legal action if you violate the Guidelines or engage in any conduct that MagicDog believes is in violation of the Agreement, applicable laws, or harmful to the interests of MagicDog or any third party.
- 5.2. MagicDog may, but is not obligated to, monitor the Site and Services and investigate any violation of the Agreement or misuse of the Site and Services.
- 5.3. In addition to any other rights and remedies available to MagicDog, MagicDog may investigate and take legal action against any User who violates this Agreement, including removing any content submitted or posted by the User, or terminating the User’s account and/or access to the Site and Services.
- 5.4. However, MagicDog does not undertake to review all content or User Upload Data submitted or posted to the Site and Services.
- 6.1. You agree to defend, indemnify, and hold harmless MagicDog, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site and Services, your User Upload Data, or your violation of the Agreement, applicable laws or any third-party rights.
- 7.1. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- 7.2. MAGICDOG DOES NOT WARRANT THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. MAGICDOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE AND SERVICES OR THE RESULTS OF THE USE OF THE SITE AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
8. Limitation of Liability
- 8.1. IN NO EVENT SHALL MAGICDOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MAGICDOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 8.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAGICDOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE AND SERVICES.
- 9.1. This Agreement constitutes the entire agreement between you and MagicDog with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and MagicDog.
- 9.2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions