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1. ACCEPTANCE OF TERMS
Magicbutter.com welcomes you. Magicbutter.com provides its service to you
subject to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you. You can review the
most current version of the TOS at any time at: http://docs.Magicbutter.com/info/terms/.
In addition, when using particular Magicbutter.com owned or operated
services, you and Magicbutter.com shall be subject to any posted guidelines
or rules applicable to such services, which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into the
TOS.
2. DESCRIPTION OF SERVICE
Magicbutter.com provides users with access to a rich collection of
resources, including various communications tools, forums, shopping services,
search services, personalized content and branded programming through its
network of properties which may be accessed through any various medium or
device now known or hereafter developed (the "Service"). You also
understand and agree that the Service may include advertisements and that
these advertisements are necessary for Magicbutter.com to provide the
Service. You also understand and agree that the Service may include certain
communications from Magicbutter.com, such as service announcements,
administrative messages and the Magicbutter.com Newsletter, and that these
communications are considered part of Magicbutter.com membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the
release of new Magicbutter.com properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that
Magicbutter.com assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that access
may involve third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the Service.
Please be aware that Magicbutter.com has created certain areas on the
Service that contain adult or mature content. You must be at least 18 years
of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or
incomplete, or Magicbutter.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Magicbutter.com
has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
Magicbutter.com is concerned about the safety and privacy of all its users.
4. MAGICBUTTER.COM PRIVACY POLICY
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Magicbutter.com of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Magicbutter.com cannot and will not
be liable for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from whom such Content originated. This
means that you, and not Magicbutter.com, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available
via the Service. Magicbutter.com does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no
circumstances will Magicbutter.com be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or 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 Service.
You agree to not use the Service to:
- upload, post, email,
transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any
way;
- impersonate any person
or entity, including, but not limited to, a Magicbutter.com official,
forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
- upload, post, email,
transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
- upload, post, email,
transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
- upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of solicitation
- upload, post, email,
transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
- disrupt the normal
flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges;
- interfere with or
disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
- intentionally or
unintentionally violate any applicable local, state, national or
international law.
- provide material
support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign terrorist
organization pursuant to section 219 of the Immigration and Nationality
Act;
- "stalk" or
otherwise harass another; and/or
- collect or store
personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through m above.
You acknowledge that Magicbutter.com may or may not pre-screen Content,
but that Magicbutter.com and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or move any
Content that is available via the Service. Without limiting the foregoing,
Magicbutter.com and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on any Content
created by Magicbutter.com or submitted to Magicbutter.com, including without
limitation information in Magicbutter.com Message Boards and in all other
parts of the Service.
You acknowledge, consent and agree that Magicbutter.com may access,
preserve and disclose your account information and Content if required to do
so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights
of third parties; (d) respond to your requests for customer service; or (e)
protect the rights, property or personal safety of Magicbutter.com, its users
and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within the Service
may include security components that permit digital materials to be
protected, and that use of these materials is subject to usage rules set by
Magicbutter.com and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules embedded
into the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the Service,
in whole or in part, is strictly prohibited.
.
8. 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 Content.
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.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Magicbutter.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, you grant Magicbutter.com the following worldwide, royalty-free and
non-exclusive license(s), as applicable:
- With respect to
Content you submit or make available for inclusion on publicly accessible
areas of Magicbutter.com Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing and
promoting the specific Magicbutter.com Group to which such Content was
submitted or made available. This license exists only for as long as you
elect to continue to include such Content on the Service and will
terminate at the time you remove or Magicbutter.com removes such Content
from the Service.
- With respect to
photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than
Magicbutter.com Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was submitted or
made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at
the time you remove or Magicbutter.com removes such Content from the
Service.
- With respect to
Content other than photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service
other than Magicbutter.com Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of
the Magicbutter.com network of properties that are intended by
Magicbutter.com to be available to the general public. By way of example,
publicly accessible areas of the Service would include Magicbutter.com
Message Boards and portions of Magicbutter.com Groups, Photos and Briefcase
that are open to both members and visitors. However, publicly accessible
areas of the Service would not include portions of Magicbutter.com Groups
that are limited to members, Magicbutter.com services intended for private
communication such as Magicbutter.com Mail or Magicbutter.com Messenger, or
areas off of the Magicbutter.com network of properties such as portions of
World Wide Web sites that are accessible via hypertext or other links but are
not hosted or served by Magicbutter.com.
10. INDEMNITY
You agree to indemnify and hold Magicbutter.com and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or
otherwise make available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of
any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including
your Magicbutter.com ID), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Magicbutter.com may establish general practices and
limits concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an account on
the Service, the maximum disk space that will be allotted on
Magicbutter.com's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service in a given
period of time. You agree that Magicbutter.com has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service. You
acknowledge that Magicbutter.com reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that
Magicbutter.com reserves the right to modify these general practices and
limits from time to time.
13. MODIFICATIONS TO SERVICE
Magicbutter.com 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. You agree that Magicbutter.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
14. TERMINATION
You agree that Magicbutter.com may, under certain circumstances and
without prior notice, immediately terminate your Magicbutter.com account,
any associated email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or violations
of the TOS or other incorporated agreements or guidelines, (b) requests by
law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical
or security issues or problems, (f) extended periods of inactivity, (g)
engagement by you in fraudulent or illegal activities, and/or (h) nonpayment
of any fees owed by you in connection with the Services. Termination of your
Magicbutter.com account includes (a) removal of access to all offerings
within the Service, including but not limited to Magicbutter.com Mail,
Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards,
Greetings, Alerts and Games, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any
part thereof), and (c) barring of further use of the Service. Further, you
agree that all terminations for cause shall be made in Magicbutter.com's sole
discretion and that Magicbutter.com shall not be liable to you or any third
party for any termination of your account, any associated email address, or
access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Magicbutter.com shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Magicbutter.com has no control
over such sites and resources, you acknowledge and agree that Magicbutter.com
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 Magicbutter.com 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.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
23. NOTICE
Magicbutter.com may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.
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