Terms & Conditions

These Terms and Conditions of Use ("the Terms of Use") apply to the MAJiiK platform consisting of the mobile app, web site located at www.majiik.com, MAJiiK physical cards and all associated sites linked to www.majiik.com herein referred to as "Company", its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Company and its licensors., BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Company's express prior written consent.

You may use information on Company products and services (such as sell sheets, price lists, and similar materials) purposely made available by Company for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up,trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Company, including any Company account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company's systems or networks, or any systems or networks connected to the Site or to the Company.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

User acknowledges that they could receive or be exposed to content that they individually deem offensive or to be counter to their individual philosophy, ideology or religion, and if so, user agrees that their sole recourse is to discontinue using the iDitty service and immediately remove the MAJiiK app from all user devices.

User agrees that they will not join or become a party in any class action involving MAJiiK or its affiliates as a member of a group, class or absent party, or as a plaintiff themselves, and user acknowledges that their sole recourse to redress a wrong is to discontinue using the MAJiiK service and immediately remove the MAJiiK app from all user devices.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Company or any other user of or visitor to the Site due to someone else using your ID, password or account.

You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

If you become aware of fraudulent activity, you may notify us immediately by one of the means listed on the Contact Us page of the Site.

Intellectual Property Representations & Warranties:

Artists, performers, musicians and the like (herein referred to as "Talent") using the Site for Digital Delivery to their customers hereby grant to Company non-exclusive license to host, upload and digitally distribute the product from the files uploaded by the Talent, and to use any related photographs, biographical material, text information, designs, artwork, or any other materials provided to Company hereunder by the Talent, for the purposes of advertising, displays, or demonstration materials.

The Talent represents and warrants that it is either (A) the true and rightful owner of, or (B) the possessor of legally enforceable licensing and/or right, for all aspects of intellectual property pertaining to their order which is inclusive of music content, video content, and graphic design content. The Talent agrees to indemnify, defend, protect and hold harmless Company, its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees and employees (collectively "Indemnified Parties") against any and all liabilities, losses, claims, damages, actions, investigations, and legal proceedings of any kind, from any party, arising out of the Talent's rights, or lack thereof, to the use of the intellectual property or any aspect of the contents of their order.

Digital Content

Company reserves the right to (but shall have no obligation) to pre-screen, review, flag , filter, modify, refuse or remove content as it deems necessary. Talent agrees that it is solely responsible (and that Company has no responsibility to the Talent or any Third party) for any Content that the Talent creates, uploads, transmits or displays while using Company's services and for the consequences of the Talent's actions (including any loss or damage which Company may suffer) by doing so.

Supply of Product

Every effort will be made to fill product orders within the timeline quoted at the outset of the project, however, ready-by-dates (whether written, oral, or implied) are not guaranteed. Though uncommon, delays can occur, and Company does not assume responsibility for any damages growing out of or owing to any delays.

Company highly recommends that product-related releases, events, or performances are not scheduled until the cards are in the client's possession and meets with their approval.

Company is not responsible for loss, damage or delay of products after they have left our premises.

Force Majeure

Company shall not be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers. If, due to any such occurrence, Company is unable to supply to total demands for any Product for any Service specified in this agreement, Company shall have the right to allocate its available supply among its customers in a fair and equitable manner.

Privacy

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (Linked Sites). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company's control, and Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited

Company administers and operates the Site from its location in the United States and other Company sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Company's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Annual Maintenance Fee

All manufactured MAJiiK cards will remain active for a period of 1 year (12 months) from the date a Project is created. “Created” means the ship date for the first MAJiiK cards for each Project. On the first anniversary date of each Project and each anniversary thereafter, the account owner may elect but is not required to keep the project active for an additional 12 months by paying a maintenance fee of $1 for each user redemption from the date the Project was created (downloaded) on the account. The maintenance fee will be split into 12 equal monthly payments, with the first monthly maintenance fee payment due on the anniversary date of the Project.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis.

Rules of Conduct and Usage

You agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

Create an Account with or access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law;
Promote, host, display or implement the Services on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by MAJiiK), defamatory, libelous, obscene, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, or any illegal subject matter or activities or otherwise offensive content; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are solely an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that violate MAJiiK’s Privacy Policy; (v) infringe any right of any third party or violate any applicable law or regulation;
Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, or pornographic.
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by MAJiiK or by applicable statutory law), modify or alter any part of the Services;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services;
Transmit through the MAJiiK platform junk e-mail or repetitive messages (spim or spam) to anyone;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Set up an Account on behalf of someone other than yourself without consent, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Services is accessed;
Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
Improperly use support channels to make false reports to MAJiiK;
Develop and distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
Engage in any action or practice that reflects poorly on MAJiiK or otherwise disparages or devalues MAJiiK's reputation or goodwill;
Make representations with respect to MAJiiK not approved in advance and in writing by MAJiiK.
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
Attempt to use the Services on or through any service that is not authorized by MAJiiK. Any such use is at your own risk and may subject you to additional or different terms. MAJiiK takes no responsibility for your use of the Services through any service that is not authorized by it;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.

The information contained in this document is subject to change without notice.

www.MAJiiK.com 4322 Harding Pike Ste 417 Nashville, TN 37205 USA info@majiikmail.com

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