Terms of Service

Terms of Service for HitzMagic

Do you have Questions or Comments?

If you have any questions on these Terms, please do not hesitate to contact us at help@hitzmagic.com

 

The Privacy and Security of Your Data

The privacy and security of your data in HitzMagic is of the greatest concern to us.

 

You Agree to be Bound to these Terms

By using HitzMagic you agree to be bound by these Terms, and use HitzMagic only within these Terms. You may only use HitzMagic if you have the ability to form a contract with us, and are not prohibited from entering into a contract with us by any applicable laws. HitzMagic is not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

 

Your Responsibilities as a HitzMagic User

You must use HitzMagic in a way that is acceptable to HitzMagic and its other users. For example, you must not use HitzMagic to:

 

probe, scan, or test the vulnerability of any system or network;

breach or otherwise circumvent any security or authentication measures;

access, tamper with, or use non-public areas or parts of HitzMagic, or shared areas of HitzMagic you haven't been invited to;

interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of HitzMagic;

access, search, or create accounts for HitzMagic by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);

send unsolicited communications, promotions or advertisements, or spam;

send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

promote or advertise products or services other than your own without appropriate authorization;

sell HitzMagic unless specifically authorized to do so;

link content that is unlawfully pornographic or indecent, or that contain extreme acts of violence;

advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;

upload, link or share any files unless you have the right to do so;

violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or

violate the privacy or infringe the rights of others.

You, not us, will be fully responsible and liable for what you do in violation of this list.

 

HitzMagic Account Passwords and Security

You are an important part of securing the data in your HitzMagic account. We do everything necessary to protect your data on our servers, on your devices and everywhere in between. It is up to you to protect your devices.

 

HitzMagic is Available "AS-IS"

We intend for HitzMagic to create tremendous value for you. Despite our intentions, there are things that we cannot promise. For example, we cannot provide you any warranties in HitzMagic. As such, we highlight the following: HitzMagic AND ANY SOFTWARE ARE PROVIDED "AS-IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We assume no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of HitzMagic. Note that some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

 

Termination of these Terms

We really appreciate you as a HitzMagic User, but if you must go and would like to stop using HitzMagic, you may.

 

We will reserve the right to suspend or end HitzMagic at any time. In the event that you do not comply with these Terms, or use HitzMagic in a way that could cause us legal liability, or disrupt others' use of HitzMagic, we may suspend your use of HitzMagic. However, if you repeatedly and/or flagrantly violate these Terms, or pose a threat to other users, we will terminate your access to the HitzMagic immediately, without notice, and not grant you access to export your data.

 

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL OUR LIABILITY FOR DAMAGES TO YOU OR ANY THIRD PARTIES EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE DATE SUCH CAUSE OF ACTION ARISES. YOU ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN US, OUR AFFILIATES AND YOU, AND THAT THE PARTIES HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE REMEDIES PROVIDED TO YOU IN THIS AGREEMENT ARE EXCLUSIVE. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

 

Modifications to these Terms

We may revise these Terms from time to time and the most current version will always be posted on our website. We will do our best to notify you in advance in the event any of these Terms change. We'll announce changes here at our site, and we also may also notify you by sending an email. By continuing to access or use HitzMagic after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using HitzMagic.

 

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY FLORIDA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR HitzMagic MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF MIAMI DADE COUNTY, FLORIDA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and us with respect to HitzMagic, and supersede and replace any other agreements, terms and conditions applicable to HitzMagic. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with HitzMagic. HitzMagic and you are not legal partners or agents; our relationship is that of independent contractors.