Updated: 7/25/2008
YOUR RIGHT TO USE THE MagicPad Application AND ITS CONTENTS
The MagicPad Application is only for your personal use. As long as you comply with the terms of these Terms of Use, Proximi grants you a non-exclusive, non-transferable, limited right to use the MagicPad Application. You agree not to interrupt or attempt to interrupt the operation of this Application in any way. Provided that you represent that you are of legal age to create binding contractual and financial obligations for any liability that you may incur as a result of your use of MagicPad.
Your use of MagicPad represents your agreement with the Terms the MagicPad Privacy Policy, which is hereby incorporated by this reference into the Terms.
If you do not agree to these Terms, then you are not granted rights to use MagicPad, and you should stop using the Application immediately. If you violate any of these Terms, your permission to use MagicPad will be terminated automatically.
OWNERSHIP
All materials in this Application, including but not limited to images, software, text, and technology, are protected under US and other copyright laws. All trademarks, service marks, logos, slogans, domain names and trade names (collectively "Marks") are the properties of their respective owners. Proximi, Inc. disclaims any proprietary interest in Marks other than its own. If you wish to use material contained in this Application other than for your individual review and individual educational purpose, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third-party in order to use such material.
LINKS
The MagicPad Application may contain links to other Internet sites on the World Wide Web. Proximi Inc. provides these links for your convenience or for their business benefit and is not responsible for the content of any website linked to or from this Application. Links from this Application to any other website does not mean that Proximi Inc. approves of, endorses, or recommends that website. Proximi Inc. disclaims all warranties, express or implied, as to the accuracy, legality, reliability, validity, of any content on any other website.
MODIFICATIONS
Proximi Inc. may make changes to these Terms, information contained therein, software, documents, publications, prices, technical specifications, service offerings and any other information and materials within this Application at any time and without prior notice. Users should periodically review the most recent version of the Terms, including without limitation the Privacy Statement. Your continued use of the Application represents your consent and agreement to the modifications.
PROHIBITED
You shall not use the MagicPad Application for any purpose that is unlawful or prohibited by these Terms and conditions. You shall not undertake any initiative that shall damage, disable, overburden or impair any Proximi Inc. server, or the network(s) connected to any Proximi server, or otherwise interfere with any other party’s use and enjoyment of this Application. You shall not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Proximi Inc. server or to the Application, through hacking, password mining or any other means.
In order to use the email feature provided within MagicPad, you must:
(a) provide true, accurate, current and complete information and warrant not to impersonate another user or person
(b) be responsible for all the email addresses you enter
(c) agree to only use the email server to send your own personal notes
(d) agree to send no more than 5 emails per hour using the MagicPad servers
(e) refrain from automated use of the system, such as using scripts to send comments or messages
(f) not interfere with, disrupt or creating an undue burden on the Application or Proximi servers or the networks or services connected to the
Application, including, without limitation, hacking into the server or using it in an undocumented way
(g) agree that you are responsible for your own conduct and any Content that you or anyone using your account creates, transmits or displays through the use of MagicPad and for any consequences thereof.
"Content" includes text or data entered into any note fields, subject lines, or anything being shared through the MagicPad servers. If
Proximi Inc. feels they have reasonable grounds to suspect that your information is untrue, inaccurate, not current or incomplete, or you are
abusing the system we may suspend or terminate your account and prohibit any use of MagicPad by you. Further, you will be responsible for any
financial damages accrued based on your conduct and usage.
Appropriate Use of Content in Magic Pad & Email Feature
When you create or share Content, you thereby represent and warrant that:
(a) you own or have sufficient rights to share the Content posted by, on or through MagicPad;
(b) the sharing of Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
(c) you have fully complied with any third-party licenses relating to the Content, agree to pay for all royalties, fees and any other monies owning any person by reason of any of Content that you share through MagicPad;
(d) Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
(e) Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow
of the government of any country, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable
law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(f) Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and wellbeing of minors;
(g) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
(h ) Content does not violate any state or federal law designated to regulate electronic advertising;
(i) Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Proximi Inc.’s or others computers or equipment, designated to enable you or others to gather information about or monitor the activities of another party;
(j) Content does not inundate the Application with communications or other traffic suggesting no serious intent to use the Application for its stated purpose;
(k) Content does not otherwise violate, or link to material that violates any provision of this Agreement;
(l) Content does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual;
(m) Content does not contain content that discriminates, incites harassment or advocates harassment of any group or individual; and (n) Content is not transmitting chain letters or junk mail to other users
You agree to use MagicPad only for purposes that are legal, and in accordance with the Terms, including without limitation the Privacy Statement
INDEMNIFICATION
You agree to indemnify, defend, and hold Proximi, Inc. and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Proximi Inc.'s defense of any claim. Proximi Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Proximi, Inc.
LIMITATION OF LIABILITY
The MagicPad Application is provided on an “as-is” basis without representations or warranties of any kind, either express or implied, whatsoever, including without limitation, warranties for the (A.) accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through this Application (B) that the server that runs this Application and Email. (C) Emails that you may send or receive from servers associated with MagicPad.
Under no circumstances, including but not limited to Proximi Inc.’s negligence, shall Proximi Inc. be liable for any direct, indirect, incidental, consequential, punitive, or special damages related to (A.) the use of (B.) the inability to use or (C.) errors or omissions in the contents and functions of this Application, even if Proximi Inc. or an authorized representative thereof has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential damages or incidental damages, so the above limitation or exclusion may not apply to you. In the described, all the other Terms still apply.