Magisto offers a web and mobile application that automatically edits and produces videos using proprietary technologies. Our website located at http://www.magisto.com (the “Site”). Magisto is owned and operated by Magisto, Ltd. (hereafter “Magisto”, “us”, “our”, “we”). These Terms of Service (“Terms”) govern your access and use of the Site, all services available through the Site and all services available through the Magisto mobile software application (the “Application” and together with the Site, the “Services”). “You” or “Your” means an adult user of the Services, or as the parent or guardian of any minor whom you allow access to the Services, and for whom you will be held strictly responsible.
By downloading the Magisto mobile software, registering to use the Application or otherwise accessing the Application on a local device or remote device or server, you may be eligible to use any of the Services.
Magisto does not accept registration from users who are under 13 years of age, in compliance with the Children’s Online Privacy Protection Act of 1998. By visiting and contributing to content on Magisto, you attest that you are at least 13 years old.
To create an account, you must select a username and password. Your username is your Magisto identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your account.
Maintaining account security is very important. You should not reveal your password to anyone. Magisto will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the Terms. If your account is terminated, you may not join Magisto again without express permission.
You agree to immediately notify Magisto of any unauthorized use of your Magisto account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Magisto will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Magisto harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to firstname.lastname@example.org that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.
Termination of Account
You agree that Magisto may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, third parties, or the business interests of Magisto or (v) if, under appropriate circumstances, the user is determined by Magisto to be a repeat infringer of intellectual property rights. If Magisto terminates your Premium Account for any of the foregoing reasons, you shall not be entitled to any refund of fees paid with respect to such account.
If Magisto believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Services. You may request termination of your Magisto account at any time and for any reason by sending an email to email@example.com. Any suspension, termination, or cancellation shall not affect your obligations to Magisto under these Terms (including but not limited to ownership, intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation. Premium Fees are not- refundable, and Magisto shall not refund any paid Premium Fees if you request to terminate your account. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON- REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
You have the right to cancel your account at any time. To cancel your account, go to Settings>Change Personal Details and click “Delete Account”.
Intellectual Property & Content
Magisto and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. Magisto hereby grants you a limited, revocable, personal, worldwide, royalty-free, non-exclusive, nonsublicensable and non- assignable license to use the Services solely for your personal use. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Services or any Content, except as Magisto may expressly permit.
You are not required to provide Magisto with any feedback or suggestions regarding the Services or any Content. However, should you provide Magisto with comments or suggestions for the modification, correction, improvement or enhancement of the Services then, subject to the terms and conditions of this Agreement, you hereby grant Magisto a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Magisto chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Magisto’s and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media Magisto chooses, but without reference to the source of such comments or suggestions.
Certain types of content may be made available through the Services, including edited and summarized videos. In addition, the Site may contain blogs and forums to which Magisto may allow you, in its sole discretion, to post Content. “Content” as used in these Terms means, collectively, all content on or made available on the Services (whether to the general public or to individual persons) including but not limited to any such edited and summarized videos, music clips or any conversations or pictures available on the Services, including any statements or other material made available on any blog or forum available through the Services. Magisto reserves the right to remove and permanently delete any Content, including any edited or summarized videos of any user, without notice, including without limitation any Content that is in the sole discretion of Magisto obscene, abusive, indecent, illegal or may otherwise subject us to public disparagement or scorn. As such, you should take care to preserve the originals of your video. You should have no expectation that any edited or summarized videos will always be available through the Services. Do not rely upon the Site and/or the Application as a storage space for Content.
You hereby grant Magisto a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty- free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify and create derivative works of any Content or part of any Content you submit and grant sublicenses of the foregoing rights. You hereby represent, warrant and covenant that you have all right, title and interest in and to the Content you make available on the Services and that any Content you submit does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified herein.
You acknowledge that Magisto has the right to pre-screen any Content submitted by you, but no obligation to do so. At Magisto’s sole discretion, any Content submitted by you may be included in the Service in whole or in part in a modified form. In addition, Magisto and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.
Magisto may allow you to forward, post, embed or email any Content (or links to such Content). In addition, Magisto may provide you with the ability to download or modify any Content. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party internet sites and services in forwarding, embedding or posting such Content, or links to such Content. You shall not forward, or post any Content or links to Content that violates these Terms. You may not embed any Content in any third party site if such third party site contains any content that would violate these Terms. You accept full liability for all Content that you modify, forward or post, including in respect of any third party intellectual property rights or moral rights in such Content. Magisto cannot accept any liability in respect of your modifications of any Content. You shall fully indemnify Magisto for any breach of the terms set forth in this paragraph.
Magisto may allow users to incorporate certain pre-selected audio works into video summaries. Copyright in such pre-selected audio works is owned by third parties and is licensed by Magisto for use in the Services. Such pre-selected audio works may only be used for your own personal purposes. You may not make any commercial or other use of such works, and except as expressly set forth herein you may not copy, lease, publicly perform, broadcast or distribute such works without the prior written consent of the copyright holder. You may not link directly to any such audio works. You may choose to incorporate other audio works in Content other than the pre-selected audio works made available by Magisto. In such event you represent and warrant that the incorporation of such audio works does not violate any third party intellectual property or moral rights, and you agree to fully indemnify Magisto for any losses resulting from your breach of such warranty.
Content made available by Magisto comes from a variety of sources. You understand Magisto is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any third party Content made available through the Services. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Magisto with respect thereto, and agree to hold Magisto, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding your use of the Services or your exposure to any Content.
The Application may provide functionality for the automatic creation of videos or other content. If this option is chosen (including by default), the Application will automatically access content on your device in order to create a video. By using this option, you expressly allow Magisto to automatically access such content on your device for these purposes. The Application allows such functionality to be operational only when your device is connected to a wireless network or only when your device is charging. You should review these options and select the alternative appropriate for your circumstances and needs. Magisto shall not have any liability for the operation of the automatic creation functionality according to the options that have been selected (including by default).
You are solely responsible for Submissions you post or transmit to the Services. “Submissions” is defined as anything a user transmits to the Services or to another in the course of using the Services, including without limitation any raw video or audio material. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Submissions. In addition, you represent and warrant that no Submission infringes the intellectual property rights or moral rights of any third party or violates any applicable law. Magisto reserves the right, at its sole discretion, to remove any Submissions or delete an account, without prior permission of its users, that may violate these Terms at any time. Magisto does not pre-screen Submissions, but reserves the right to delete Submissions that violate these Terms.
Magisto does not claim ownership of your Submissions. However, by sending any Submissions you automatically grant Magisto a worldwide, non-exclusive, royalty-free, sublicensable and transferable perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record, perform, display and reproduce Submissions including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created, including without limitation, for the purpose of improving and/or commercially promoting Magisto and/or the Services. Magisto may retain any raw audio or video material that you submit, and make internal use of such material including for testing purposes. You may request that Magisto delete and make no further use of such material by sending an email to firstname.lastname@example.org.
Without limiting the foregoing, you agree that you will not use the Services in any manner or transmit any Submission that:
Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity); (b) Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (c) Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (d) Any virus, worm, Trojan horse, or other harmful or disruptive component; (e) Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; or
Restricts or inhibits use of the Site and/or the Application;
Uses any account or password without prior permission;
Obtains or solicits another person’s password or other personal information under false pretenses; Impersonates another user or otherwise misrepresents yourself in any manner, whether to another user, to us, or otherwise;
Violates the legal rights of others, including defaming, abuse, stalking or threatening users;
Infringes (or results in the infringement of) Magisto’s or any third party’s intellectual property rights, moral rights, or other rights;
Is (or you reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause Magisto to be in violation of any law, ordinance, rule, regulation or treaty, or to infringe any right of any third party;
Publishes falsehoods or misrepresentations that may damage Magisto or any third party;
Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on the Services;
Disrupts, interferes or harms the Services, servers or networks; or
Imposes an unreasonably or disproportionately large load on our infrastructure.
In addition, you may not use the Services to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Services designated for the purpose.
Magisto in its sole discretion may choose to provide users with “Premium Content”. Premium Content may provide for additional functionality, such as but not limited to allowing users to download videos, to edit a video or to remove any branding that Magisto may incorporate in a video.
The purchase of Premium Content shall be subject to the payment of fees to Magisto, which Magisto may determine from time to time in its sole discretion (“Premium Fees”). All Premium Fees paid are nonrefundable. Magisto may allow you to pay Premium Fees through a third party service (such as Paypal), in which event the payment of such Premium shall be subject to the third party's applicable terms and conditions. All Premium Fees are exclusive of any sales and use taxes, which shall be your responsibility and liability.
The software and technology underlying the Services is the property of Magisto, and you may not connect to or use the Site and/or the Application in any way that is not expressly permitted by these Terms. Specifically, you may not do or attempt to do any of the following:
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services (including without limitation, for the purpose of obtaining unauthorized access to our Site and/or the Application) without our prior written authorization, including framing or mirroring any part of the Site and/or the Application;
Circumvent, disable, or otherwise interfere with security-related features of the Services, the Site, the Application or features that prevent or restrict use or copying of any Content, including without limitation any edited or summarized videos;
Use the Site, Application Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or the Application;
“Deep link” to the Services or any Content, unless such link was provided to you for that purpose by the Site and/or the Application;
Harvest, collect or mine information about other users of the Services;
Create a database by systematically downloading and storing all or any of the Content on the Site and/or the Application;
Violate the Terms or any other rule or agreement applicable to you or Magisto through the Services’ inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
Remove, obscure, make illegible or alter any proprietary notices or labels or other indications of Magisto’s rights in the Services;
Use or access another user’s account or password without permission; or
Use the Services or content thereon in any manner not permitted by these Terms.
Magisto does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Magisto expressly disclaims any and all liability in connection with Submissions. Magisto does not permit copyright infringement or infringement of intellectual property rights on its Site or the Application. We will remove all Content and Submissions if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to
copyright owners who believe material appearing on the Services infringes their rights under US
copyright law. If you believe that something appearing through the Services infringes your copyright,
you may submit a notification pursuant to the DMCA by providing our Copyright Agent (information
below) with the following information in writing (please see 17 U.S.C 512(c)(3) for further detail):
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
If you believe that such a notice was wrongly filed against you, the DMCA allows you to send a counter-
notice to our Copyright Agent which shall include the following information:
- Your name, address, telephone number, and e-mail address,
- A description of the Submission that has been removed or to which access has been disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
- A statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our designated Copyright Agent. Our designated Copyright Agent to receive notifications of claimed infringement only is Magisto Copyright Agent c/o Stubbs, Alderton and Markiles, LLP, 15260 Ventura Blvd., 20th Fl., Sherman Oaks, CA 91403, email: email@example.com, fax: 415-938-8099. If you need to contact us for any other reason, please contact us at firstname.lastname@example.org or write us at Customer Service, 3 Hamazmera St., POB 2038, Ness-Ziona 74120, Israel
Portions of the Site and the Services (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. Magisto is not responsible for content or services available by means of such sites. Magisto does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
Each coupon is identified by a coupon code provided by Magisto and has different requirements and rewards. Please check your coupon — all requirements stated on the coupon must be met to receive the applicable reward. Coupons may not be reproduced or modified, and Magisto shall have no responsibility to honor modified coupons. Coupon redemption amounts are as specified on the coupon, but coupons have no cash value. Limit of one coupon per individual. Coupons are for single use only. Codes are redeemable only at www.magisto.com or otherwise as directed by Magisto. Each code is valid for a limited time only and expires on the date specified in the offer. Codes are not for resale and may not be assigned to any other party. Codes cannot be replaced if lost, stolen, or deleted, and Magisto has no responsibility for lost, stolen or deleted coupons or codes. A coupon cannot be retroactively applied to orders placed with Magisto without use of the coupon. Magisto reserves the right to discontinue or terminate a coupon at any time. The consumer is responsible for all sales taxes charged by Magisto on the applicable transaction. Coupons are void where prohibited, taxed or otherwise restricted by law.
Your use of any aspect of the Site and/or the Application is at your own risk. Magisto makes no representations or warranties whatsoever in respect of the Services or Content. Neither Magisto nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Services, Submissions or Content. Magisto cannot accept any liability whatsoever in respect of any Content which is modified by you or any other third party.
You shall not, directly or indirectly, export the Services to any country to which such export is prohibited by law. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Services or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. The Application may not be downloaded or otherwise exported or re-exported (i) any country subject to U.S. Trade Sanctions covering the Application, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are citizens or lawfully admitted permanent residents of the United States and not currently domiciled in countries subject to such sanctions; or (ii) to anyone on the U.S. Department of the Treasury’s list of specially designated nationals and blocked persons or the U.S. Department of Commerce’s table of denial orders.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGISTO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MAGISTO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES.
MAGISTO DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE APPLICATION AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SITE OR THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SITE OR THE APPLICATION WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SITE OR THE APPLICATION WILL BE CORRECTED; OR (e) THE SITE OR THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
Without limiting the foregoing, Magisto shall have no liability for:
Any adverse effect to your computer or other software as a result of your use of the Services, or as a result of any Content available through the Services;
Your use of (or inability to use) the Site, the Application or any Site component thereof, including Submissions, Content and any transactions that involve the Services;
Any material available (or intended to be available) on or by means of the Services or information or advice received by means of the Services;
Any error or omission of Magisto, or any act or omission of any third party;
Any error, delay, interruption, operational problem, unavailability, or failure in the Site, the Application or any component thereof, or any directly or indirectly related equipment, system, programming, or network (including the internet);
Any breach of security involving the Services or your account;
Any viruses or other code or component that may affect your computer system, mobile device or other property as a result of your use of the Services.
You agree to indemnify, defend, and hold harmless Magisto and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, device, or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services, including any transactions that you conduct or attempt; (c) your violation of any law, ordinance, rule, regulation or treaty; (d) your infringement of any right of any third party, including without limitation the infringement by any Submissions of any third party intellectual property right or moral right; (e) your violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your forwarding or posting any Content; (f) any Content that you downloaded from the Services or modified; and (g) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
Limitation of Liability
In no event shall Magisto be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Services or Content. In any case, Magisto’s entire liability under any provision of this agreement shall not exceed amounts paid by you to Magisto for the use of the Services and Content hereunder. As such, if you have not made any payments to Magisto for the use of the Services, Magisto shall have no liability to you whatsoever, with the exception of death or personal injury caused by negligence of Magisto to the extent applicable law prohibits the limitation of damages in such cases.
These Terms shall be governed by the laws of the State of California exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Subject to the binding arbitration provision below, any action to be brought in connection with these Terms or the Services (other than an action relating to the DMCA) shall be brought exclusively in the state and federal courts located in San Francisco, CA, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Magisto must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Magisto or enables you to act on behalf of Magisto. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Magisto and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. Nothing contained in these terms shall be construed to limit the actions or remedies available to Magisto with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and Magisto reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Magisto (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. We may assign our rights under these terms to any third party.
You and Magisto agree that, except as provided below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth herein and the JAMS Rules, the terms herein will control and prevail.
Except as otherwise set forth herein, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Magisto will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Magisto may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MAGISTO WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or internet connection appearances.
You and Magisto agree that any arbitration shall be limited to the Claim between Magisto and you individually. YOU AND MAGISTO AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration
You and Magisto agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Magisto’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If Magisto initiates arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
You and Magisto agree that if any of the arbitration provisions are found illegal or unenforceable (except any portion under the “Exceptions to Arbitration” section), only those provisions that are found illegal or unenforceable shall be severed and the remainder of the provision shall be given full force and effect. If the provisions under the “Exceptions to Arbitration” section are found to be illegal or unenforceable then neither you nor Magisto will elect to arbitrate any Claim falling within those provisions found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of San Francisco, California, and you and Magisto agree to submit to the personal jurisdiction of that court.
Last Updated December 17th, 2014 This privacy statement explains the privacy practices of Magisto for users of the Services. If not specifically defined herein, capitalized terms have the meaning given to them in the Magisto Terms of Service, which are available at http://www.magisto.com/tos
Magisto's Commitment to Privacy
What is Personal Information?
"Personal Information" is information that can be directly associated with a specific person or entity such as a customer's name, address, telephone number, e-mail address, credit card number, or information about activities directly linked to that person, such as his or her purchases. Personal Information also includes information that you may choose to provide to us, such as your educational, medical and employment history profile.
Personal information does not include "aggregate" information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no Personal Information will be included in the resulting data. Likewise, information about the products or services you use or purchase may be collected and combined with information about the products and services used or purchased by others, but no Personal Information will be included in the resulting data. Aggregate data helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires.
Collection of Personal Information
We collect Personal Information that you provide us, such as when you:
register to use the Services;
post or submit any content on the Services, including any video or audio content; or
contact us for any reason.
We may automatically collect some information when you use the Site or Services, such as your computer's IP address, operating system, the browser you used, the site from which you linked to us, the location from where you accessed the Service, and the time and date of your visit, and activities. We also collect information received from third parties to the extent that they have entered into an agreement with you as a result of your relationship with Magisto.
Use of Personal Information
The Personal Information we collect is used to process your requests or transactions, to provide you high quality service, to customize your use of the Site or Services according to your preferences, and to tell you about specific goods or services we believe will be of interest to you. If you prefer not to receive promotional information from us, we make it easy for you to let us know. You can contact us at any time to decline promotional information (see under the heading "Choice" below). Sharing of Personal Information
Magisto does not sell, rent, share, or disclose Personal Information to third parties without your prior consent, except in the limited circumstances described in this statement.
Summaries and edits of video produced by the Site and the Services will be made available to you via an internet link made available to you, including without limitation by email. If you reveal this link or send this email to third parties, such third parties will have full access to such summarized and edited videos as well as any confidential or personal information on such video. As such, you should have no expectation of confidentiality in videos or other material if you have revealed the applicable link to third parties.
All videos that you create and save using Magisto will be posted automatically to your timeline and be publicly available and searchable unless you choose otherwise. You may choose otherwise by selecting that a video be saved instead to your private album. If a video is made publicly available, you may later choose to make such video private. Notwithstanding such later choice, however, third parties may nevertheless continue to have access to your video via, for example, previously published links.
Videos that are publicly available may be posted and made available to the public on Magisto’s application. Magisto may recommend such videos to other end users or categorize such videos according to previously defined topics and interests. If your videos are made publicly available, you should have no expectation of privacy in such videos. If your videos are publicly available, and you include your videos in any Magisto promotion, Magisto may make copies of your videos available to its promotional partners for use in the context of that promotion.
CommunitiesIf you use any of the features of the Site or Services, please remember that any information disclosed in these venues may be automatically made public, even without your knowledge or authorization. You should exercise caution when disclosing any information, including Personal Information, in such venues, as you do not know who will access or use such information and for what purposes. Magisto is in no way responsible for the accuracy, use or misuse of any information, including Personal Information, which you disclose in such venues.
In addition, we may disclose Personal Information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal process, respond to any claims, or to protect the rights, property, or personal safety of Magisto, our customers, or the public. Information about our customers, including Personal Information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition.
Protection of Personal Information
Magisto has put into place security measures in an effort to protect personal information from loss, misuse or alteration while it is under our control. Personal information we collect is stored electronically and may be combined with other membership information. We use technical, contractual, administrative and physical measures in an effort to protect against unauthorized access. Account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. If other people have access to your email, they may be able to obtain access to your password and obtain personal information about you (such as your credit card information), or change information about your user profile. You may not want to use an email account operated by an employer because many employers have the legal right to access such email accounts.
By registering for the Site and/or the Services, you agree to receive promotional messages from Magisto. If at any time you wish to stop receiving promotional information from Magisto, you may opt out by:
(1) E-Mailing us at email@example.com
(2) Writing us at: Customer Service, 3 Hamazmera St., POB 2038, Ness-Ziona 74120, Israel
(3) Accessing your registration information and checking the box that allows you to opt out of receiving promotional emails.
Magisto appreciates the importance of safeguarding the privacy of your personal information that may be provided to us. However, Magisto does use and disclose de-identified aggregate information for the purposes of evaluating and improving our services and tailoring our products. Magisto may choose at its sole discretion to transfer, sell, provide or share such information with third parties, including for to Magisto's business partners for commercial purposes, and by providing any information to Magisto you consent to such provision of de-identified aggregate information to any third party. What Are Cookies and Are You Required to Accept Them?
Do Not Track
Some browsers incorporate “Do Not Track” features. Generally, such features when activated send a signal to web sites indicating that you do not wish to be tracked. “Do Not Track” is a standard that is under development, and there is not yet a common understanding of how to interpret a “Do Not Track” signal and, as such, Magisto does not currently respond to the browser “Do Not Track” signals.
Use of the Site by Children
Magisto does not knowingly collect personally identifiable information from children under the age of 13, and you must be 13 years of age or older in order to establish an account. Parents are able to set up accounts for their children. In this way verifiable parental consent is required in order to register a child under the age of 13 to be enrolled, and any parent setting up an account for his or her child hereby represents and warrants that he or she is the parent or legal guardian of such child, and has the authority to provide information and render consents on behalf of such child. In the event you become aware that an individual under the age of 13 has enrolled without parental permission, please advise us immediately.
Online Links to Other Sites
Except as described above, Magisto is not responsible for the content or privacy practices of Web sites to which we link. Links to third party or other sites are provided for your convenience. We encourage you to learn about the privacy practices of each Web site before providing them with personal information.
European Union and Switzerland Directive on Data Protection - Safe Harbor
Magisto complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Magisto has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Magisto’s certification, please visit http://www.export.gov/safeharbor/.
Updating, Reviewing or Correcting Personal Information
You may update, review or correct your on-line account information at any time online by accessing your password-protected registration page. You may also e-mail us at firstname.lastname@example.org
Dispute Resolution for Residents of the European Union
You and Magisto acknowledge that these Terms are entered into between you and Magisto, and not with Apple Inc. (“Apple”) or Google, Inc. (“Google” and Apple, each an “App Provider” and, collectively, the “App Providers”). The App Providers are not responsible for the Application. You and Magisto acknowledge that no App Provider has any obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Questions or Concerns
If you have any questions or concerns about this privacy statement or would like to contact us for any reason, you can do the following:
1. E-Mailing us at email@example.com or
2. Writing us at: Customer Service, 3 Hamazmera St., POB 2038, Ness-Ziona 74120, Israel Changes to this Statement
Magisto reserves the right to change this privacy statement at any time, but will alert you that changes have been made by indicating at the top of the privacy statement the date it was last updated. We encourage you to review our privacy statement to make sure you understand how your information will be used. If there is ever a material change to how we use your information and the new uses are unrelated to uses we disclose in this statement, we will communicate the changes in advance.