Legal
Terms & Conditions
Introduction
Welcome to Magnify. These Terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Teammagnify, Inc. ("Magnify", “Company”, “we”, “us”, or “our”), concerning your access to and use of the https://magnify.network website and web app (collectively, the “Site” or “Platform”).
By using our Site, you confirm that you have read, understood, and agree to comply with these Terms.
If you do not agree with (or cannot comply with) these Terms, then you may not use our Site and Services, but please let us know by emailing hey@magnify.network so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Service.
1. Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by using the unsubscribe link or by emailing hey@magnify.network.
2. Offering Services through the Platform
2.1. Any description of your Services that you wish to offer through the Platform must be submitted using any mechanism that we notify to you, which may be updated from time to time.
2.2. We will, at our sole discretion, determine whether promotion of your Services is suitable for inclusion on the Platform. You acknowledge that we have no obligation to accept your request to be included on the Platform, and that we do not guarantee that any Client will wish to purchase your Services.
2.3. We reserve the right to remove the listing of your Services from the Platform at any time at our sole discretion, for reasons including notification of a claim of infringement of third party Intellectual Property Rights, or any breach of these Terms and conditions.
2.4. You acknowledge that these Terms will not be construed as creating a joint venture, partnership, franchise, agency or employment relationship between Magnify and you. You agree that you act as an independent contractor for the provision of your Services, and use the Platform as a means of identifying Clients with whom you can engage directly. Magnify has no authority to enter into any agreement with a Client on your behalf. All contracts between you and any Client must be signed externally.
3. Purchases & Payments
If you wish to purchase any product or Service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party Services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We use Stripe's payment processing gateway to process transactions made through the Services. Any payment you make, including your payment information, will be collected, used, and processed by Stripe in accordance with their privacy policy. You can access their privacy policy here: https://stripe.com/privacy
4. Purchasing Services through the Platform
4.1. We will provide you with access to the Platform, through which you can browse Operators as providers of Services with whom Magnify has chosen to collaborate, and to post requests for Services.
4.2. We do not guarantee that any Operator will be available to meet your specific requirements. While we make reasonable efforts to vet the Operators that use our Platform, we cannot guarantee the suitability of any Operators for a Client’s specific needs or guarantee the quality, accuracy, and timeliness of any Operator’s Services provided to Clients. Magnify does not direct and has no control over delivery of any Operator’s services. Magnify does not review, endorse, or sanction statements an Operator may post on the Platform. We encourage Clients to research any Operator before accepting their Services.
4.3. We reserve the right to remove the listing of Operators or your requests for Services from the Platform at any time at our sole discretion, for reasons, including notification of a claim of infringement of third party Intellectual Property Rights, or any breach of these Terms.
4.4. You acknowledge that these Terms will not be construed as creating a joint venture, partnership, franchise, agency or employment relationship between Magnify and you. Magnify has no authority to enter into any agreement with an Operator on your behalf. All contracts between you and any Operator must be signed externally.
4.5. You acknowledge that Magnify and its Platform operate solely to introduce you to Operators and to facilitate payment for your purchase of Services from Operators. Magnify is not a party to any contract you may enter into with any Operator and will not have any liability or obligation to you whatsoever in relation to your engagement with any Operator.
4.6. You affirm and agree that the assignment of intellectual property now lies with the Client. The ownership of work produced (written or otherwise) arising from the provision of the Services is owned by the Client. If you wish this to be different, please raise this with Magnify ahead of entering into Services.
4.7. You shall provide us with a copy of any agreement entered into with any Operator upon our request, so that we may verify your compliance with clause 4.6.
4.8 Upon paying the first invoice of a contract, you must provide 7 working days notice before the next invoice due date should you wish to change, pause or terminate the contract for the next month. Failure to do so means you are liable to pay for the next month of the contract in full. Contracts that are set for a certain number of months automatically roll on to a new project month unless the client provides 7 working days notice before the invoice due date to pause or terminate the contract.
4.9 You affirm and agree that you are not specifically relying on any statements, or materials contained on the Platform or otherwise made available by Magnify to make any business decisions.
5. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set depending on the type of subscription plan you select when purchasing a Subscription. Subscriptions are valid for 30 days, unless specified otherwise.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Magnify cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Magnify.
A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Magnify and its third-party payment processors with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Magnify to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Magnify will issue an electronic invoice indicating that you must proceed manually, within a certain date, with the full payment corresponding to the billing period as indicated on the invoice.
6. Refunds
Except when required by law, paid fees are non-refundable. You acknowledge that you shall not be entitled to any refund in respect of any amounts paid once you have remitted payment to Magnify.
7. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Magnify has the right but not the obligation to monitor and edit all Content provided by users.
8. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.
(i) Otherwise attempt to interfere with the proper working of Service.
9. User-Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. No Use By Minors
Service is intended only for access and use by individuals at least 18 years old. By accessing or using any of Company, you warrant and represent that you are at least 18 years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the Terms. If you are not at least 18 years old, you are prohibited from both the access and usage of Service.
11. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
12. Privacy
We collect, store, and use information collected from you in accordance with our Privacy Policy.
13. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hey@magnify.network, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
14. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
15. Error Reporting and Feedback
You may provide us directly at hey@magnify.network with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
16. Disclaimer Of Warranty
These Services are provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these Services, their content, and any services or items obtained from us is at your sole risk.
Neither Company nor any person associated with Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the Services, their content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the Services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
17. Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if Company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of Company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
18. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service, or email us at hey@magnify.network.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19. Termination
These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
20. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
You agree that if you are dissatisfied with the Services, any content, materials, or services on or available through the Services or with any of the terms and conditions in this Agreement, your sole and exclusive remedy is to discontinue using the Services, the content, and the services offered through the Services.
21. Amendments to Terms
We may amend Terms at any time by posting the amended terms on this Site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use Service.
22. Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
23. Acknowledgement
By using Service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
Contact Us
Please send your feedback, comments, requests for technical support: hey@magnify.network
