EFFECTIVE DATE: October 9, 2017
1. Account Registration and Access
To register for the Services and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing Magic Social with the requested information including your name, email address, and password. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date.
You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify Magic Social immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.
Magic Social may access your Magic Social caccount, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
2.1 SUBSCRIPTION TERMS
Magic Social offers a range of subscription memberships to its Services (each, a “Membership”). Each Membership includes a range of user Actions on Instagram. (“Actions”) that may be recorded by our Services on your registered web page in any given month of the subscription period. What this means, is that we keep track of your actions you’ve done through the Magic Social service. (Liking, commenting, following.)
You will select your Membership as part of your registration for the Services, which may begin with a Free Trial (as defined in Section 2.3 (“Free Trial”) herein). Each subscription period for a Membership will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly). All Membership are on a weekly billing cycle. You are responsible for subscription fees for the entire subscription period chosen/sold.
At the end of your current subscription period, your Membership will automatically renew for a subscription period equal to your prior subscription period unless you provide Magic Social with email notice (sent to firstname.lastname@example.org ) of your intent not to renew your Membership at least seven (7) days prior to the end of the then-current subscription period.
To view the specific details of your Membership, including pricing information and the end date of your subscription period, login to your account on the Magic Social Website, and click into the “Subscriptions” page to view an individual Membership or contact us at email@example.com
2.2 BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS
- The fees for your Membership are billed in advance of each billing cycle.
- In the event you cancel your Membership, and a refund is required, you can reach us on the on-site chat, or firstname.lastname@example.org.
- If you upgrade your Membership level, you will be charged for the increased price of the upgraded Membership, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Membership, as provided at https://www.magicsocial.co/pricing, beginning with your next billing cycle.
- If you desire to downgrade your Membership level prior to the end of your subscription period, please provide written notice to email@example.com. The Membership downgrade will take effect the first billing cycle that occurs more than seven (7) days following your notice to Magic Social, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Membership may cause the loss of account content, features, or capacity. Magic Social disclaims liability for any such loss.
- Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
- Any questions involving upgrades or downgrades to your Membership can be directed to firstname.lastname@example.org.
2.3 FREE TRIAL
Subscriptions to the Services may begin with a free trial period during which you can try out the Services for 3 days from the date you register (“Free Trial Period”). Your free trial Membership will include all the features of a paid Membership.
You are required to enter your billing information in order to sign up for the Free Trial Period. You will not be charged until the Free Trial Period ends. If you have not provided billing information by the time the Free Trial Period ends, you will lose all access to the Services.
You may cancel your Membership at any time during the Free Trial Period by following the steps described in section 2.7 (“Account Cancellation”). Upon cancelling your account, you will immediately lose all access to the Services and any data or information stored within your account (see Section 11 (“Term and Termination”) for additional details).
Magic Social reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
2.4 CHANGES IN FEES
We may change the fees for the Services at any time or impose additional fees or charges.
Such changes will be effective as of the first billing cycle that occurs more than seven (7) days after notice of our new fees, as provided for in Section 12 herein, provided that if you upgrade or downgrade to a new Membership, whether at your election or pursuant to Section 2.2(c), you will be charged at the then-current rate for such Membership, as provided at https://www.magicsocial.co/pricing.
2.5 PAYMENT OF FEES
As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Membership, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.
We will bill the fees due under your Membership to the credit card or PayPal account you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Membership, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
2.6 CREDIT CARD PAYMENTS
All fees for your Membership will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Membership and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your Membership as provided herein or these amounts are paid in full, whichever is later.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Magic Social if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Magic Social username or password).
You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
2.7 ACCOUNT CANCELLATION
You may cancel your Membership at any time. To do so, start on your account page and click “Subscriptions“. Once there, you can View your individual subscription, and on this page you can find a pink “cancel” button. Alternatively, you can cancel by either emailing us and speaking to an authorized account representative, speaking with an authorized account representative on our on-site chat, or sending an email to email@example.com.
For clarity, if you cancel your Membership prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period.
If you cancel your Membership, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information stored in your account (see Section 11 (“Term and Termination”) for additional details).
By accessing the website at https://magicsocial.co, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
4. Use License
1. Permission is granted to temporarily download one copy of the materials (information or software) on Magic Social LLC’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Magic Social LLC’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Magic Social LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Magic Social LLC’s website are provided on an ‘as is’ basis. Magic Social LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Magic Social LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Magic Social LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Magic Social LLC’s website, even if Magic Social LLC or a Magic Social LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Accuracy of materials
The materials appearing on Magic Social LLC’s website could include technical, typographical, or photographic errors. Magic Social LLC does not warrant that any of the materials on its website are accurate, complete or current. Magic Social LLC may make changes to the materials contained on its website at any time without notice. However Magic Social LLC does not make any commitment to update the materials.
Magic Social LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Magic Social LLC of the site. Use of any such linked website is at the user’s own risk.
Magic Social LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
10. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.