Terms of Service

1. Your Acceptance

This is an agreement between Amojee Inc., a Delaware corporation (“Amojee"), the owner and operator of www.magigifs.com (the “MagiGIFsTM Site”) and the MagiGIFs App (collectively, including all content provided by MagiGIFs through MagiGIFs App and the MagiGIFs Site, the "MagiGIFs Service", or the "Service"), and you (“you” or “You”), a user of the Service. BY DOWNLOADING AND INSTALLING THE MAGIGIFS APP OR BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND MAGIGIFS PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.magigifs.com, AND WHICH ISINCORPORATED HEREIN BY REFERENCE. If you choose to not agree with the Terms of Service, you may not use the Service.

2. MagiGIFs Service

These Terms of Service apply to all users of the MagiGIFs Service. Information provided by our users through the MagiGIFs Service may contain links to third party websites that are not owned or controlled by MagiGIFs. MagiGIFs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MagiGIFs will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that MagiGIFs shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. MagiGIFs Access

  1. Subject to your compliance with these Terms of Service, MagiGIFs hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without MagiGIFs's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
  2. In order to access and use the features of the Service, you acknowledge and agree that you will may have to provide MagiGIFs with login information. You expressly acknowledge and agree that in order to provide the Service, MagiGIFs may periodically access your login information to send you information about the Service. When providing your login information, you must provide accurate and complete information. You hereby give your express consent to MagiGIFs to access your login information. We DO NOT collect names, addresses, or mobile phone numbers, just login information. You are solely responsible for the content that you submit and that are displayed on the MagiGIFs Service. You must notify MagiGIFs immediately of any breach of security or unauthorized use of the Service. Although MagiGIFs will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MagiGIFs or others due to such unauthorized use.
  3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the MagiGIFs servers in a given period of time than a human can reasonably produce in the same period by using a MagiGIFs application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, MagiGIFs grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MagiGIFs reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by MagiGIFs clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Intellectual Property Rights

The design of the MagiGIFs Service along with MagiGIFs created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MagiGIFs, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. MagiGIFs reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.

5. User Content

  1. The MagiGIFs Service allows MagiGIFs users to create and exchange Interactive GIFs (iGIFsTM) using user-generated GIFS as well as text, profile photos and other communications submitted by you (collectively, the "Submissions"). iGIFsTM that you create (“Your MagiGIFs”) may be hosted, shared, and/or published as part of the MagiGIFs Service, and are intended to be visible to and usable by, other users of the Service. For clarity, iGIFs, location data and photos or files that you send directly to other MagiGIFs users will only be viewable by those MagiGIFs user(s) or group(s) you directly send such information; but Your MagiGIFs may be globally viewed by MagiGIFs users. Do not submit or post Your MagiGIFs that you don’t want to be seen globally. As clarified in the following section, you retain your ownership rights in Your MagiGIFs. You understand that MagiGIFs does not guarantee any confidentiality with respect to any Submissions.
  2. You shall be solely responsible for Your MagiGIFs and your other Submissions and the consequences of posting or publishing them. MagiGIFs makes no guarantees as to the validity or legal status of any MagiGIFs created and posted by users. In connection with Your MagiGIFs, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MagiGIFs to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your MagiGIFs and your other Submissions to enable inclusion and use of Your MagiGIFs in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your MagiGIFs and your other Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your MagiGIFs and your other Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in Your MagiGIFs and your other Submissions, but you have to have the rights in the first place. However, by submitting Your MagiGIFs to MagiGIFs, you hereby grant MagiGIFs a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, disclose, display, and perform Your MagiGIFs in connection with the MagiGIFs Service and MagiGIFs's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MagiGIFs Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MagiGIFs Service a worldwide, non-exclusive, royalty-free, non-exclusive license to use, distribute and display Your MagiGIFs through the Service.
  3. In connection with Your MagiGIFs and your other Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MagiGIFs all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MagiGIFs or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
  4. MagiGIFs does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and MagiGIFs expressly disclaims any and all liability in connection with Submissions. MagiGIFs does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and MagiGIFs will remove all content and MagiGIFs if properly notified that such content or MagiGIFs infringe on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the MagiGIFs user allegedly infringing the copyrighted work;

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such takedown notices may be emailed to [support] at MagiGIFs.com. MagiGIFs reserves the right to remove Your MagiGIFs and your other Submissions without prior notice. MagiGIFs may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had MagiGIFs removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized MagiGIFs employees, agents or subagents. MagiGIFs also reserves the right to decide whether content or an GIF (iGIF) is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. MagiGIFs may remove such MagiGIFs and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

  1. You understand that when using the MagiGIFs Service you will be exposed to MagiGIFs and content from a variety of sources, and that MagiGIFs is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such MagiGIFs and content, and that such MagiGIFs and content are not the responsibility of MagiGIFs. You further understand and acknowledge that you may be exposed to MagiGIFs and content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MagiGIFs with respect thereto, and agree to indemnify and hold MagiGIFs, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MagiGIFs Service.
  2. MagiGIFs permits you to use the Service for personal purposes only. MagiGIFs reserves the right to discontinue any aspect of the MagiGIFs Service at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MAGIGIFS SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGIGIFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MAGIGIFS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAGIGIFS SERVICE. MAGIGIFS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAGIGIFS SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER GIF (IGIF) OR OTHER ADVERTISING, AND MAGIGIFS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL MAGIGIFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAGIGIFS APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAGIGIFS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MAGIGIFS SHALL NOT BE LIABLE FOR USER SUBMISSIONS, INCLUDING MAGIGIFS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by MagiGIFs from its facilities in the United States of America. MagiGIFs makes no representations that the MagiGIFs Service is appropriate or available for use in other locations. Those who access or use the MagiGIFs Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless MagiGIFs, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MagiGIFs Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of Your MagiGIFs or your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MagiGIFs Service.

9. Ability to Accept Terms of Service

You affirm that you are either 18 or more years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the MagiGIFs Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the MagiGIFs Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. MagiGIFs is the developer of the Service, with an address at 15200 Sobey Road, Saratoga, CA 95070 info at MagiGIFs.com.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MagiGIFs without restriction.

11. General

You agree that: (i) the MagiGIFs Service shall be deemed originating from California; (ii) the MagiGIFs Service shall be deemed a passive server that does not give rise to personal jurisdiction over MagiGIFs, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

Any claim or dispute between you and MagiGIFs that arises in whole or in part from the MagiGIFs Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.

These Terms of Service, together with the Privacy Policy at http://www.MagiGIFs.com/legal/#Privacy and any other legal notices published by MagiGIFs, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and MagiGIFs concerning the MagiGIFs Service.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MagiGIFs's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

MagiGIFs reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised terms, your only recourse is to discontinue the use of the MagiGIFs Service. Your continued use of the MagiGIFs Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND MAGIGIFS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MAGIGIFS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Privacy Policy

MagiGIFs Inc. ("MagiGIFs") recognizes that its customers, visitors and users, want to know what's up with privacy. MagiGIFs provides this Privacy Policy to help you make an informed decision about whether to use or continue using the MagiGIFs Site, MagiGIFs App and/or the MagiGIFs Service, including any promotional contest. If you do not agree to our practices, please do not use the MagiGIFs Site, MagiGIFs App, or MagiGIFs Service. This Privacy Policy is incorporated into and is subject to the MagiGIFs Terms of Service. Your use of the MagiGIFs Site, MagiGIFs App and the MagiGIFs Service and any personal information you provide on the MagiGIFs Site or MagiGIFs Service remains subject to the terms of this Privacy Policy and our Terms of Service. Please note that any GIF (iGIF) or other content posted at the direction or discretion of users of the MagiGIFs Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy is part of MagiGIFs’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by MagiGIFs, including information obtained when you access the MagiGIFs’s Site, use the MagiGIFs Service or any other software provided by MagiGIFs, or participate in promotional contests using the MagiGIFs App. This Privacy Policy does not apply to the practices of companies that MagiGIFs does not own or control, or to individuals whom MagiGIFs does not employ or manage, including any of the third parties to which MagiGIFs may disclose user information as set forth in this Privacy Policy.

The Information MagiGIFs Collects

MagiGIFs may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

User Provided Information: You provide certain Personally Identifiable Information, such as your log in information, mobile phone number (if applicable), push notification name (if applicable), billing information (if applicable) and mobile device information to MagiGIFs when choosing to participate in various uses of the MagiGIFs Service, such as registering as a user, updating your status or otherwise.

Cookies Information: When you visit the MagiGIFs Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. MagiGIFs uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the MagiGIFs Site may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the MagiGIFs Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the MagiGIFs Service, our servers log certain general information that our application sends whenever a message is sent or received.

The Information MagiGIFs Does Not Collect

MagiGIFs does not collect names, addresses or other contact information from its users—the MagiGIFs mobile application will associate whatever name the MagiGIFs user has assigned — and this occurs dynamically on the mobile device itself and not on MagiGIFs’s servers and is not transmitted to MagiGIFs.

Notwithstanding the above, MagiGIFs may retain date and time stamp information associated with successfully delivered messages, as well as any other information which MagiGIFs is legally compelled to collect. Files that are sent through the MagiGIFs Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.

The Way MagiGIFs Uses Information

If you submit Personally Identifiable Information to us through the MagiGIFs Site, or MagiGIFs Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the MagiGIFs Site and MagiGIFs Service. In particular, your mobile phone number is essential to your use of the MagiGIFs Service and will be retained.

Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with MagiGIFs. Any Personally Identifiable Information or status content that you voluntarily disclose on the MagiGIFs Service becomes publicly available and may be collected and used by other users of the MagiGIFs Service (unless such user is blocked by you).

We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the MagiGIFs Site and MagiGIFs Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.

We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the MagiGIFs Service or MagiGIFs Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

When MagiGIFs Discloses Information

Other users of the MagiGIFs Service may see your MagiGIFs in a way that is consistent with the use of the MagiGIFs Service. We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the MagiGIFs Service.

We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the MagiGIFs Site.

We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.

MagiGIFs also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that MagiGIFs believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the MagiGIFs Site or our servers, and to protect the rights, property, or personal safety of MagiGIFs, our users or others.

Your Choices

You may, of course, decline to submit Personally Identifiable Information through the MagiGIFs Site or the MagiGIFs Service, in which case MagiGIFs may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the MagiGIFs mobile application and discontinue use of the MagiGIFs Service; your continued usage of the MagiGIFs Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service.

To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the MagiGIFs Service. Please contact MagiGIFs via email to support at MagiGIFs.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Our Commitment To Data Security

MagiGIFs uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to MagiGIFs and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the MagiGIFs Service is never recommended. Once we receive your transmission of information, MagiGIFs makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If MagiGIFs learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. MagiGIFs may post a notice on the MagiGIFs Site or through the MagiGIFs Service if a security breach occurs.

Our Commitment To Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, MagiGIFs does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the MagiGIFs Site or MagiGIFs Service from persons under 18 years of age, and no part of the MagiGIFs Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the MagiGIFs Service or access the MagiGIFs Site at any time or in any manner. If MagiGIFs learns that Personally Identifiable Information of persons under 18 years of age has been collected on the MagiGIFs Site or MagiGIFs Service, then MagiGIFs may deactivate the account and/or make the status submissions inaccessible.

Special Note to International Users

The MagiGIFs Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the MagiGIFs Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the MagiGIFs Site and Service, which are governed by California law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by California law for these purposes.

In the Event of Merger, Sale, or Bankruptcy

If MagiGIFs is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and Updates to this Privacy Notice

This Privacy Policy may be revised periodically and this will be reflected by the "date last modified" below. Please revisit this page to stay aware of any changes. Your continued use of the MagiGIFs Site and MagiGIFs Service constitutes your agreement to this Privacy Policy and any amendments.

Date Last Modified: This Privacy Policy was last modified January 10, 2018.