The use of this web site constitutes agreement with the following terms and conditions:
(a) MagikTech maintains this web site (the “Site”) as a courtesy to those who may choose
to access the Site (“Users”). The information presented herein is for informative
purposes only. MagikTech grants permission to Users to visit the Site and to download
and copy the information, documents and materials (collectively, “Materials”) from
the Site for the User’s personal, non-commercial use, without any right to resell
or redistribute them or to compile or create derivative works therefrom, subject
to the terms and conditions outlined below, and also subject to more specific restrictions
that may apply to specific Material within this Site.
(b) MagikTech administers this Site. All Material on this Site from MagikTech appears subject
to the present Terms and Conditions.
(c) Unless expressly stated otherwise, the findings, interpretations and conclusions
expressed in the Materials on this Site are those of the various MagikTech staff members
and do not necessarily represent the views of MagikTech.
Disclaimers
Materials provided on this Site are provided “as is”, without warranty of any kind,
either expressed or implied, including, without limitation, warranties of merchantability,
fitness for a particular purpose and non-infringement. MagikTech specifically does not
make any warranties or representations as to the accuracy or completeness of any
such Materials. MagikTech periodically adds, changes, improves or updates the Materials
on this Site without notice. Under no circumstances shall MagikTech be liable for any
loss, damage, liability or expense incurred or suffered that is claimed to have
resulted from the use of this Site, including, without limitation, any fault, error,
omission, interruption or delay with respect thereto. The use of this Site is at
the User’s sole risk. Under no circumstances, including but not limited to negligence,
shall MagikTech or its affiliates be liable for any direct, indirect, incidental, special
or consequential damages, even if MagikTech has been advised of the possibility of such
damages.
This site may contain advice, opinions and statements of various information providers.
MagikTech does not represent or endorse the accuracy or reliability of any advice, opinion,
statement or other information provided by any information provider, any User of
this Site or any other person or entity. Reliance upon any such advice, opinion,
statement, or other information shall also be at the User’s own risk. Neither MagikTech
nor its affiliates, nor any of their respective agents, employees, information providers
or content providers, shall be liable to any User or anyone else for any inaccuracy,
error, omission, interruption, deletion, defect, alteration of or use of any content
herein, or for its timeliness or completeness, nor shall they be liable for any
failure of performance, computer virus or communication line failure, regardless
of cause, or for any damages resulting therefrom.
As a condition of use of this Site, the User agrees to indemnify MagikTech and its affiliates
from and against any and all actions, claims, losses, damages, liabilities and expenses
(including reasonable attorneys’ fees) arising out of the User’s use of this Site,
including, without limitation, any claims alleging facts that if true would constitute
a breach by the User of these Terms and Conditions. If the User is dissatisfied
with any Material on this Site or with any of its Terms and Conditions of Use, the
User’s sole and exclusive remedy is to discontinue using the Site.
This Site may contain links and references to third-party web sites. The linked
sites are not under the control of MagikTech, and MagikTech is not responsible for the content
of any linked site or any link contained in a linked site. MagikTech provides these links
only as a convenience, and the inclusion of a link or reference does not imply the
endorsement of the linked site by MagikTech.
If this Site contains bulletin boards, chat rooms, access to mailing lists or other
message or communication facilities (collectively, “Forums”), the User agrees to
use the Forums only to send and receive messages and materials that are proper and
related to the particular Forum. By way of example and not as a limitation, the
User agrees that when using a Forum, he or she shall not do any of the following:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
(b) Publish, post, distribute or disseminate any defamatory, infringing, obscene,
indecent or unlawful material or information;
(c) Upload or attach files that contain software or other material protected by
intellectual property laws (or by rights of privacy and publicity) unless the User
owns or controls the rights thereto or has received all consents therefor as may
be required by law;
(d) Upload or attach files that contain viruses, corrupted files or any other similar
software or programs that may damage the operation of another’s computer;
(e) Delete any author attributions, legal notices or proprietary designations or
labels in any file that is uploaded;
(f) Falsify the origin or source of software or other material contained in a file
that is uploaded;
(g) Advertise or offer to sell any goods or services, or conduct or forward surveys,
contests or chain letters, or download any file posted by another user of a Forum
that the User knows, or reasonably should know, cannot be legally distributed in
such manner.
The User acknowledges that all Forums and discussion groups are public and not private
communications. Further, the User acknowledges that chats, postings, conferences,
e-mails and other communications by other Users are not endorsed by MagikTech, and that
such communications shall not be considered to have been reviewed, screened or approved
by MagikTech. MagikTech reserves the right to remove, for any reason and without notice, any
content of the Forums received from Users, including, without limitation, e-mail
and bulletin board postings.
Preservation of immunities
Nothing herein shall constitute or be considered to be a limitation upon or a waiver
of the privileges and immunities of MagikTech, which are specifically reserved.
General
MagikTech reserves its exclusive right in its sole discretion to alter, limit or discontinue
the Site or any Materials in any respect. MagikTech shall have no obligation to take
the needs of any User into consideration in connection therewith.
MagikTech reserves the right to deny in its sole discretion any user access to this Site
or any portion thereof without notice.
No waiver by MagikTech of any provision of these Terms and Conditions shall be binding
except as set forth in writing and signed by its duly authorized representative.
Invoicing and Late Fees
Please be aware, as of January 1, 2010 MagikTech will change the following terms.
Default Annual Percentage Rate (APR): 12% calculated on an actual 365 basis compounded
daily.