Terms of Service
Last Updated: November 2019
Accepting These Terms
In plain English: We need you to agree to our terms to provide you with Services. We offer this service to almost anyone, but keep your passwords safe, and don’t let others use your credentials.
These Terms of Service governing your access to and use of our website and software, including any content, features, manuals, articles, designs, layout, templates, and services that reside in them. This Agreement alongside the specific policies for different products and services we offer, is a part of the legal framework that governs the use of the CartMagician software and website.
“Services” means: (i) our website, including the online shop and marketplace; (ii) our forums; (iii) our support services; (iv) our update services; (v) our affiliation service; (vi) our Content Library; and (vii) any other service we add to our offering. The policy agreements that apply to you are only the ones applicable to your use; meaning that if you act as an affiliate, then the Affiliation Agreement shall apply to you; if you’re not an affiliate, the affiliation annex does not apply to you.
“Software” means CartMagician AR and CartMagician Pro.
“Licence” means CartMagician AR and CartMagician Pro.
If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
Accounts and Eligibility Terms
Your Account Is Your Responsibility
In plain English: You are responsible for what you, and others, do with your account.
You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.
It is our policy to have one account for one person, and one person for one account.
You cannot hold more than one account, and you cannot allow others to access your account.
If you are a corporation (or using the account on behalf of a corporation), then you can allow access to your corporate account for one authorized employee on your behalf.
You hereby represent and acknowledge that, unless you have otherwise explicitly notified us, anyone accessing your corporate account is acting on your behalf having all required authorisations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
Eligibility and Identification
In plain English: Adults use our service. Don’t use our service if you are restricted from entering into any legal agreement.
When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.
The Services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.
In plain English: You’re not a terrorist, and you’re not reopening an account that we closed.
You represent and warrant to us that:
You have, and will have at all times, all rights, licenses, and consents required for your use of the Services.
You will comply with all applicable laws, rules, and regulations.
You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason.
We Own the CartMagician Website and Services
In plain English: We own the CartMagician Website and Services. The CartMagician AR and CartMagician Pro software are licensed under GPLv3 an Applause Digital PL. Our online store, forums, templates, demos, and other content we provide you outside the scope of the software are ours.
While our Software is licensed under GPLv3, we own all Intellectual Property Rights relating to the Services. This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organization, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto.
We also retain the ownership and full Intellectual Property Rights to the source code of the CartMagician.com website, apart from where we specifically use third-party software.
Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services reside with us.
For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
Feedback and Contributions
In plain English: All contributions to CartMagician AR and CartMagician Pro are under the GPLv3 License. If you offer us any feedback, we may use it, but you waive any intellectual property rights relating to it.
If you provide us with other feedback, relating to the Services or our website, such as usability issues, design suggestions, or any other suggestion relating to the Services, you acknowledge that (i) you own all right, title and interest in and to the feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) we may be entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.
Acceptable Use Policy
In plain English: Be fair and reasonable. Use our website and Services for your own use, and don’t abuse the Services.
This is a list of “don’ts” it is not exhaustive, and we may also find that other non-bona-fide activities constitute as non-acceptable use.
Don’t allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an iframe to reproduce our Services, don’t use a subdomain to redirect to our website.
Don’t use our website or Services where it is prohibited by law; meaning, don’t use our Services in any state that is sanctioned by the US Export office or under Israeli law.
Don’t use our website or Services to conduct any illegal activity, or transmit any transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content or files.
Don’t scrape our website without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.
Don’t make extensive API or web calls in a manner that interrupts our hosting company or web-server.
Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.
Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.
Don’t resell our Services; meaning don’t offer others access to your product keys, or any other enabling methods, such as account credentials or activation codes. Don’t directly call files from our servers in your themes or products.
Don’t remove our legal notices or names from the Services.
In plain English: We are not responsible for your use of our website and Services, and it is made at your own risk.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
In plain English: The maximum damages you may receive from damages we caused is limited. Don’t sue us.
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.
YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In plain English: If we get sued for something you did, it will be your responsibility to pay for it.
You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit according to our Submission Policy; and/or (ii) any breach of these terms made by you.
Amending These Terms
In plain English: We may update these terms from time to time, but we will let you know.
We may update this document from time to time. No update shall have a retroactive effect.
When we update these terms or any part of them, we shall notify you via email.
If you continue to use our website and Services following such update, you agree to be bound by the new terms.
If you believe that any amendment to the terms of service impairs your right to use purchased products or services in a manner that affects your business or rights materially, do let us know and we will either issue you a partial refund for the time period which you will not be able to utilize the service or we will discuss a specific term to be applied to you.
In plain English: We may use third-party libraries in our website or Services, we’re not responsible for them.
The Services may contain parts provided by third parties and links to outside services and resources.
We do not screen, monitor, or control such content and services.
Any concerns regarding any such linked service or resource should be directed to such particular service or resource provider.
If we provide outside links, then such links are provided only as an informational resource, simply as a service and only for your convenience. We are not responsible or liable for such links or content.
Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.
If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.
You hereby agree to such terms associated with the Third-Party Components.
The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.
In plain English: We may display ads, we’re not responsible for them.
The Services may display ads. Nonetheless, We do not endorse or monitor any of these ads or their content, nor are we responsible for the foregoing, even if it seems affiliated with us.
In plain English: We may close your account, or terminate the Services. You must stop using the Services at termination.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including without limitation the right to receive support and update services), at our sole discretion without notice.
Upon termination, you shall immediately cease using the Services.
Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.
We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
In plain English: All lawsuits are under Israeli law and in Israel if any part of these terms is unenforceable, it does not affect other parts, we may transfer our rights and obligations under these terms, and you can’t file a class-action lawsuit against us.
Governing Law, Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Australia.
Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.
You hereby acknowledge and agree that We shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
We may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third-party without our prior written consent. Any unauthorized assignment will be void and of no force or effect;
These Terms are the entire agreement between you and us regarding the subject matter herein.
Our failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;
Your failure to take any action against us over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.
YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.
If you have any further questions or require further clarification, please contact us by sending an email to [email protected]
Who Are We?
CartMagician.com is owned and managed by Applause Digital Pty Ltd, a proud Australian company providing services to a world market.
Contact us about your privacy concerns.
Last updated: November 2019
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