Terms of Service
1. Your Acceptance
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
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
(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.
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
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.
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.
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.
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.
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.
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.
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
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