RESTRICTIONS ON USE OF SITE
As long as You comply with these Terms, Mageni grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You may not collect any product listings, descriptions, or prices for Your commercial use. You may not download or copy account information for the benefit of another merchant. You may not engage in "deep-linking" or make use of data mining, robots, or similar data gathering and extraction tools on the Site. You may not reproduce or copy the Site or any portion of the Site for any commercial purpose without express written consent of Mageni. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mageni without Mageni’s express written consent. You may not use any meta tags or any other "hidden text" utilizing Mageni's name or trademarks without Mageni’s express written consent. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Mageni's systems or networks, or any systems or networks connected to the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach security or authentication measures used on the Site or any network connected to the Site.
USE OF MATERIALS
All materials provided on the Site, including but not limited to information, documents, logos, text, graphics, sounds, images, software and all other content of any description available on the Site or included in any products or services we offer (collectively, "Materials"), are provided either by Mageni or by its respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Mageni and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, republished, displayed, or posted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Mageni or the Third Party Providers, as applicable. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Mageni. Mageni does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Mageni.
If You have any questions about the scope of Your ability to use the Specified Materials or any other of Mageni's Materials, please contact Mageni as described in the "Legal Contact Information" section below. Any permission described in these Terms terminates automatically without notice if You breach any of these Terms. Upon termination, You will immediately destroy any downloaded or printed Materials.
Except where expressly provided otherwise by Mageni, nothing on the Site shall be construed to confer any license under any of Mageni's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials contained on the Site may violate intellectual property laws, the laws of privacy and publicity, communications regulations and statutes, or other applicable laws. Mageni is not responsible for Your improper or unauthorized use of any Materials contained on the Site.
If You use the Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Mageni reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
PURCHASES; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of Mageni’s software and hardware products, and to specific portions or features of the Site, including promotions and contests. You agree to abide by such terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to Your use of that portion or feature of the Site.
Mageni may make changes to any products or services offered on the Site or to the applicable prices for any such products, at any time, without notice. The materials on the Site with respect to products may be out of date and Mageni makes no commitment to update the materials on the Site with respect to such products.
LINKS TO THIRD PARTY SITES
The Site may contain links to websites controlled by third parties other than Mageni. Access to any other website linked to this Site is at Your own risk. Mageni is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Furthermore, Mageni is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance of any third party website. Mageni is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Mageni of the linked web site. It is Your responsibility to take precautions to ensure that whatever materials You copy or download from third party web sites are free of viruses or other items of a destructive nature.
By visiting the Site, transmitting or posting any content, and/or emailing Mageni, You are communicating with us electronically. You therefore consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Site. With Your consent to receive electronic communications, You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
RESTRICTED RIGHTS LEGEND
Any software that is downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 227.7202-3 or subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights at FAR 52.227-19, as applicable. The manufacturer is Mageni Security, LLC, 7021 Columbia Gateway Drive, Suite 500, Columbia, MD 21046.
Except where expressly provided otherwise by Mageni, all comments, feedback, information or materials submitted to Mageni through or in association with the Site ("Submissions") shall be considered non-confidential and Mageni's property. By providing such Submissions to Mageni, You agree to assign to Mageni, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights in the Submissions. Mageni shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You, not Mageni, have full responsibility for the Submissions that You provide, including their legality, reliability, appropriateness, originality and copyright. You represent and warrant that no Submission will be infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise in violation of any law or right of any third party. Mageni reserves the right to remove Submissions transmitted or posted by You at any time, for any reason.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MAGENI, THE MATERIALS ON THE SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY, AND Mageni HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Mageni MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE SITE.
LIMITATION OF LIABILITY
MAGENI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL MAGENI BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, EVEN IF Mageni HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND YOU WILL NOT MAKE A CLAIM AGAINST Mageni FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD Mageni HARMLESS FROM, AND YOU COVENANT NOT TO SUE Mageni FOR, ANY CLAIMS BASED ON OR RELATED TO YOUR USE OF THE SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE.
You agree to indemnify, defend and hold harmless Mageni and its officers, agents, employees, licensors and service providers from and against any and all claims, losses, liabilities and expenses (including attorney's fees and other legal costs), whether arising in contract, tort or otherwise, relating to or arising out of Your breach of these Terms, applicable law or any right of Mageni and/or any Third Party Provider.
LOCAL LAWS; EXPORT CONTROL
You are responsible for compliance with local laws applicable to Your use of the Site or the Materials, including but not limited to the export and import regulations. You acknowledge and agree that the Materials are subject to the U.S. Export Administration laws and regulations. Diversion of the Materials in breach of such laws and regulations, or any other federal, state, local or foreign law, is prohibited. You represent and agree that none of the Materials, nor any direct product derived from any Materials, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. This list is subject to change without further notice from Mageni, and You must comply with the list as it exists in fact. You certify that You are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining any required licenses to export or re-export the Materials.
The Site may include inaccuracies or typographical errors. Mageni and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described on the Site at any time without notice. Mageni may periodically make changes to the Site.
Any action related to these Terms will be governed by Delaware law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any proceeding to enforce these Terms will be brought in a state or federal court located in Delaware. You agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding to enforce these Terms and waive any objections to venue in these courts.
CHANGES/UPDATES TO TERMS
These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Mageni has the right to revise these Terms at any time without notice by updating this posting. Any subsequent use of the Site by You will be governed by the revised Terms. Any rights not expressly granted herein are reserved by Mageni. Headings are used in these Terms for reference purposes only and shall not be used to interpret or construe these Terms. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions enforced.
INTELLECTUAL PROPERTY NOTICES
Elements of the Site are protected by trade dress and other laws and are owned by Mageni, and may not be used, copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Mageni.
Mageni, Mageni Security, the Mageni logo and/or other Mageni products referenced herein are trademarks of Mageni Security, LLC, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Copyright © Mageni Security, LLC, 110 Mamaroneck Avenue, White Plains, NY 10601. All rights reserved.
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Mageni's copyright agent the following written information: (1) a signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed upon; (3) a description of where the material that You claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) a statement by You that You have a good-faith belief that the disputed use has not been authorized; and (6) a statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Mageni's copyright agent for notice of claims of copyright infringement on the Site can be reached at the following address:
Mageni Security, LLC
Attn: Legal Department
110 Mamaroneck Avenue, STE 2
White Plains, NY 10601
LEGAL CONTACT INFORMATION
If You have any questions about these Terms, or if You would like to request permission to use any Materials in any manner not expressly authorized in these Terms, please contact the Mageni Legal Department at: firstname.lastname@example.org.
Effective Date: January 13, 2018
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