BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE App, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, ON BEHALF OF YOURSELF AND YOUR MINOR CHILD, AS APPLICABLE, AND REPRESENT AND WARRANT THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY, ON BEHALF OF YOURSELF AND EACH MINOR CHILD OF WHOM YOU ARE A PARENT OR LEGAL GUARDIAN, TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS APP.
The Service may contain links to third party websites that are not owned or controlled by Magtoapp. Magtoapp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Magtoapp will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Magtoapp from any and all liability arising from your use of any third-party website.
Access to certain portions of the App is restricted to registered users of our Services. As part of our registration process, you must provide us with personal identification information, billing information, and a current, valid email address. We need this information so that we can verify your identity, initiate billing charges, and make the full scope of member benefits available to you through the App.
Fees and Applicable Charges
You agree that you are solely responsible for all subscription fees for the Services, pursuant to the schedule of subscriptions and service fees set forth on the App. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing and using the App and Services. Magtoapp reserves the right to modify its pricing and subscription structure at any time.
General Use of the Service—Permissions and Restrictions
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
upload, post, email or otherwise transmit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
upload, post, email or otherwise transmit any content that infringes the intellectual property rights or violates the privacy rights of any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
use the Services to collect or store personal data about other users without their express permission;
knowingly include or use any false or inaccurate information in any profile;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
use the Service for any commercial solicitation purposes;
circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content;
attempt to probe, scan or test the vulnerability of any Magtoapp system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
use the Services in any way that competes with us, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit Experts, directly or indirectly; or
encourage or instruct any other person or entity to do any of the foregoing.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Terms.
You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Termination, Modification and Survival
We are continually evolving and innovating the Services and the App. We may change the Services, the App, the content we offer, and the products or services you may access at any time. We may discontinue offering the Services, the App and we may suspend or terminate your right to use the Services, the App at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, we will have no further obligation to you or to provide the Services, except to the extent (i) we have agreed in writing to provide a refund to you, (ii) we are obligated to provide you access to your personal records.
Upon termination of your right to use the Services or the App or our termination of the Services or the App, all licenses and other rights granted to you by these Terms will immediately terminate.
You may terminate your account at any time and for any reason by sending us written notice requesting termination of your account. Any cancellation request will be handled within 30 days after we have received your request. No suspension, termination, or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension, termination, or cancellation.
The Services, the App, and all information and/or content that you see, hear, or otherwise experience on the App (collectively, “Content”) are protected by U.S. and international copyright, trademark, and other laws. You will not acquire any intellectual property rights in the Services, the App or our Content by your use of the Services or the App. When you use our Services or the App you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, freely revocable license, to access and use the Services for your personal and non-commercial purposes only. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without our express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
The Service contains data, information, and other content not owned by you, such as reputational or status indicators (“Company Property”). You understand and agree that regardless of terminology used, Company Property represents a limited license right governed solely by the terms of this terms and available for distribution at Company’s sole discretion. Company Property is not redeemable for any sum of money or monetary value from Company at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Company on Company servers, including without limitation any data representing or embodying any or all of your Company Property. You agree that Company has the absolute right to manage, regulate, control, modify and/or eliminate Company Property as it sees fit in its sole discretion, in any general or specific case, and that Company will have no liability to you based on its exercise of such right. All data on Company’s servers are subject to deletion, alteration or transfer.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMPANY’S SERVERS.
Your Content and Conduct
As a application holder, created by Magtoapp’s Services you may submit Content to the Service, including videos, images, music, comments, questions, and other textual, audio, and/or visual content or information, including commentary and feedback related to the Services. You understand that Magtoapp does not guarantee any confidentiality with respect to any Content you submit.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Magtoapp all of the license rights granted herein.
Magtoapp does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Magtoapp expressly disclaims any and all liability in connection with Content. Magtoapp does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Magtoapp will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Magtoapp reserves the right to remove Content without prior notice.
Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other textual, audio, and/or visual content or information, including commentary and feedback related to the Services, initiation of support requests and any other materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you grant Magtoapp a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Magtoapp Content in all formats and distribution channels now known or hereafter devised, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity; you agree to allow others to view, and/or share your User Content. Company has the right in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Company reserves the right to reject and/or remove any User Content that Company believes, in its sole discretion, violates any of these provisions.
Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Disclaimer of Representations and Warranties
Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IN ADDITION, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY US WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Third-Party Links and Resources
We may make available, on the App and as part of the Services, links to third-party websites or resources from third parties on the App. We are not responsible or liable for the availability or accuracy of, and we do not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the App or through the Services, you must look solely to the third-party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others.
YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.
You will indemnify, defend, and hold harmless us, our licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters: A. your access to or use of the Services, the App or the Content; B. your violation of any of the provisions of these Terms; any activity related to your account by you or any other person accessing the App or Services through your account, including, without limitation, negligent or wrongful conduct; or your violation of any third-party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Limitation of Liability
IN NO EVENT SHALL MAGTOAPP, 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MAGTOAPP SHALL NOT BE LIABLE FOR CONTENT 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 Magtoapp from its facilities in the United States of America . Magtoapp makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Errors and Inaccuracies
The information on the App, including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. We do not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. We reserve the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the App, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
These Terms constitute the entire agreement between you and us relating to our Services, the App and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the App or the Content. If there is any conflict between these Terms and a separate signed written agreement between you and us relating to our Services, the App or the Content, the signed written agreement will control.
Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms.
The failure by us to enforce any provision of these Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of these Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond.
The titles of the sections of these Terms are for convenience only and shall have no legal or contractual effect.
Applicable law and disputes
Modification of Terms
We reserve the right to change these Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to the App. Your continued use of our Services, the App will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.
We encourage you to contact us at firstname.lastname@example.org if you have any questions concerning these Terms. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. If you would like to contact us via physical mail, our mailing address is: Magtoapp, Inc., 1375 Broadway, 11th Floor, New York, NY 10018, USA.
Last revised: May 12, 2017