MAGPIE

Terms of use

Terms of use

Content and Content Rights


For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Content Ownership, Responsibility and Removal. Magpie does not claim any ownership rights in any User Content and nothing in. these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Magpie and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

 

Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Magpie a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Magpie on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

Rights in Content Granted by Magpie
Subject to your compliance with these Terms, Magpie grants you a limited, non-exclusive, non- transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

 

Rights and Terms for Apps

 Rights in App Granted by Magpie
Subject to your compliance with these Terms, Magpie grants you a limited non-exclusive, non- transferable, non-sublicenseable  license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non- commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative

 

works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Magpie reserves all rights in and to the App not expressly granted to you under these Terms.

 

General Prohibitions and Enforcement Rights

You agree not to do any of the following:

•             Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

• Use, display, mirror or frame the Services or any individual element within the Services, Magpie’s name, any Magpie trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Magpie’s express written consent;

• Access, tamper with, or use non-public areas of the Services, Magpie’s computer systems, or the technical delivery systems of Magpie’s providers;

• Attempt to probe, scan or test the vulnerability of any Magpie system or network

• or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Magpie or any of Magpie’s providers or any other third party (including another user) to protect the Services or Content;

• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Magpie or other generally available third-party web browsers;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing a Magpie trademark, logo URL or product name without Magpie’s express written consent;

• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

• Impersonate or misrepresent your affiliation with any person or entity;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.