Terms of Service
BY UPLOADING SCREEN CAPTURES ON MAGICAPTURE.COM
YOU AGREE TO THESE TERMS IN THEIR ENTIRETY.
Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at MagiCapture.com (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by TopByteLabs Ltd. ("MagiCapture.com"). MagiCapture.com may modify or terminate the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party, provided that when MagiCapture.com does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.
MagiCapture.com requires a license to your User Content so that it can host your images and other User Content on its servers and otherwise perform the Services. This license is temporary and will terminate once you remove your User Content from Services. Accordingly, in connection with your use of the Services, you grant to MagiCapture.com a temporary, universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any User Content only as necessary to perform the Services and to distribute your User Content in instances where you have (i) made your captures public, (ii) posted a link to your blog or User Content on another website.
1. 1. Purpose and Description of Services.
MagiCapture.com provides users with the ability to host screen captures, limited to screen captures made with MagiCaptures software for purposes of electronic publishing and sharing for such uses as eBay and other auctions, classified advertising, online journals, blogs, message boards, personal websites, social networking, and online photo albums. Any additions or modifications to the Services shall be in the sole discretion of MagiCapture.com and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. MagiCapture.com uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of MagiCapture.com. MagiCapture.com encourages users to maintain their own backup of any content used in the Services. By using the Services you agree that MagiCapture.com shall not be liable to you for any modification, suspension or discontinuance of the Services or the loss of any User Content.
MagiCapture.com attempts to maintain a website that is absent of offensive, indecent or objectionable content. You understand that by using MagiCapture.com, you may be exposed to this content. Under no circumstances will MagiCapture.com be liable in any way for any User Content, including, but not limited to, the subject matter of any User Content, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via MagiCapture.com.
MagiCapture.com has the right to syndicate your uploaded content with third parties without your permission.
1. 2. Restrictions on the use of the Services.
By using the Services you agree that you will not:
a. Use the Services for any illegal purpose;
b. Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. MagiCapture.com does not control User Content of users' uploads and does not have any obligation to monitor such content for any purpose, however, MagiCapture.com may chose to monitor such User Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service;
c. Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User Content that would violate the right of privacy or publicity of any public or non-public persons;
d. Upload, e-mail or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", pyramid schemes", or any other form of solicitation;
e. Upload, email or otherwise transmit any User Content that includes code hidden or otherwise contained within the images or video of any content unrelated to the image or video, such as .mp3, .wav, or other music files hidden within the file structure of the image or video;
f. Upload, email or otherwise transmit any User Content that is for the promotion of products or services through direct advertisements for the purpose of commercial profit, without, first attaining the permission of MagiCapture.com. This includes, but not limited to, email spam and banner advertisements;
g. Use the Services in any way for the furtherance of a commercial enterprise. To be clear, individual use for classified advertisements or auctions, for sites like Craigslist and Ebay are permitted, however, people or enterprises that derive a significant portion of their income from such pursuits may not use the Services for such purposes;
h. Permit any third parties to use your account for their own behalf. For example, you may not encourage others to use your MagiCapture.com account for their images OR use the Services to host images which you encourage others to paste on third party sites. Your use of the Services should be limited solely on your own behalf; or
i. Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at www.MagiCapture.com, and all linked pages (the Site.) or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
1. 3. Trademarks and Copyrights.
All trademarks, brands and service marks used in conjunction with the Services by MagiCapture.com shall be the property of MagiCapture.com. MagiCapture.com shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at MagiCapture.com. This license does not apply to any third party images stored at MagiCapture.com. Permission for use of such content must be obtained from the copyright owner. MagiCapture.com claims no ownership interest in the images posted by you at MagiCapture.com.