Last Update: August 8, 2012
This site, Magmito.com™, offers an online mobile application creation service as a means for individuals, businesses and organizations to develop mobile content to be distributed to mobile phones and other devices capable of viewing the content. The Service is provided free of charge to the point of publishing, users can then pay a monthly or yearly fee (fee varies depending on features required) to publish.
This legal agreement is made between You and DIDMO AB. This Agreement applies to all of Our sites that are offering the Service. Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a member (a "Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
In this Agreement the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and DIDMO AB incorporating these terms and conditions for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein;
"We, Us, Our" means DIDMO AB and the Magmito Platform or the Service;
"You, Your, Yourself" means the person who registers for the Service and accepts the terms and conditions of this Agreement.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS: By becoming a Member, You represent and warrant that You are at least 18 years old, or have the consent of your Parent or Legal Guardian. By using this Web site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, or have the consent to do so. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership and You may not assign or otherwise transfer Your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION: You may register as a Member of the Service for free, and You must do so if You wish to use the Service to initiate communication with other members or to use certain other parts of the Service. We reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service including any paid services (ex. MAD, Magmito Pro). Further, at no time, unconditionally, shall You hold Us responsible for any thing(s) at any time(s), without exception.
TERM AND TERMINATION: This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Services page of the Service, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your membership by removing your account, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us without cause, We shall refund, pro rata, any unused portion of any subscription payments that We have received from You, if any. In the event that (a) You terminate your subscription or membership or (b) We determine, in our sole discretion, that You have violated this Agreement. You shall not be entitled to nor shall We be liable to You for any refund of any unused portion of any subscription payments the We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.
PROPRIETARY RIGHTS: You represent and warrant to Us that the information posted in Your account settings are posted by You and that You are the exclusive author of Your data and the exclusive owner of content you upload into your accounts "My Images" and "My Video" folders, or have consent to do so by the owner. By posting information, photographs, video or other content on this Service, You represent and warrant that You have the right to use, copy, perform, display, promote, publish and distribute all such information, and content.
YOUR USE OF THE SERVICE: As a Member, You agree that:
You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include external advertising into any applications created with the Service. You will not transmit any chain letters, junk email or inappropriate material through the service.
You are solely responsible for the content or information You publish or display (hereinafter, 'post') on the Service, or transmit or distribute. You will not post on the Service, or transmit or distribute, any defamatory, inaccurate, abusive, obscene, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). We reserve the right, but We have no obligation, to reject any profile, account or application content that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that We may have received from You.
By becoming a member, You specifically agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, emails informing you about upgrades and improvements, emails informing You of promotions or changes to the Service. Should You not wish to receive any of Our email communications, please do not register with Us for the Service.
You agree that We have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, we consider an account to be Inactive after 9 months). Magmito Enterprise accounts will stay active for the duration of the prepaid subscription. If renewals are not instituted within 9 months, the accounts will be terminated at our discretion.
The User has the sole responsibility for any content uploaded, published, or in any other way transmitted or distributed through the Service.
The User agrees not to use the Service to:
Upload, publish, or make available in any other way Content that is unlawful or prohibited;
Harm people under the age of 18 in any way;
Upload, publish, or make available in any other way Content that the User does not have the right to distribute;
Upload, publish, or make available in any other way Content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights;
Disturb or interfere with the Service, the servers or the networks connected to the Service;
Violate any Local or International Law or applicable regulations;
Collect and store other Users' personal data without their explicit permission;
Upload, publish, or make available in any other way pornographic material.
RIGHT TO TERMINATE: We have the right to remove any User's file at any moment, and to cancel any subscription without prior notice. It is the sole responsibility of the User to keep a copy of the Content uploaded on the Service. We do not assume any responsibility in case of partial or total loss of the User's material. Although we are not obliged to pre-screen and screen the files uploaded by Users, We reserve the right to access any account and any file, at any time, without prior notice, in order to verify the Users' compliance with the Terms and Conditions of the Service.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:
(I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISTRIBUTED FROM THE SERVICE BY ITS MEMBERS AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, CONTENT OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE TO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION CONTAINED IN ANY APPLICATION MADE OR DISTRIBUTED BY ANY MEMBER.
Content that you upload that is not readily accessible to the general public will be treated by Us as Private to the extent required by applicable law. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS UPLOADED TO THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU PUBLISH.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.
PRIVACY: The personal information You provide to Us will be stored on computers. You consent to Our using this information and to allow You to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our terms and conditions thereof. Personal data provided to Us remain the User's property. The User allows Us to use this information for operational and marketing purposes. This information will never be sold to 3rd parties, unless specifically requested by Law, or unless explicitly agreed to by the User. The use of this Service is entirely at the User's risk. Services are provided without any implicit or explicit guarantees. In no way are We or the Service responsible for any eventual damages deriving from the inaccessibility to personal information, from the loss or alteration of stored materials by other Users, or by any other event, including service interruption.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
MISCELLANEOUS: The invalidity or unenforceability of any provision of this agreement or any covenant contained in this agreement will not affect the validity or enforceability of any other provision or covenant contained in this agreement and any such invalid or unenforceable provision or covenant will be deemed to be severable. This agreement will be governed by, and construed in accordance with, the laws of Sweden and the European Union.