If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify the Company immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Service.

Through the Site, the Company provides you with qualified use and access to a variety of Materials and Services. Materials includes all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, product information, software, code, programs and products made available or enabled via the Site. Services includes all services and resources offered or enabled by the Site, including download areas, developer tools services, product and other information services and communications services such as bulletin boards, chat areas, communities, forums, newsgroups, and other message or communication facilities. As a condition of your access or use of the Site, Services, or Materials, you agree that you are not the Company competitor (or agent thereof) and that you will not use the Site, Services, or Materials for any purpose that is improper, unlawful, or prohibited by the Terms of Service or governing license agreement. As some examples of improper activities when accessing or using the Site, Services, or Materials, you agree that you shall not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site, Services, or Materials.
• Copy, derive, edit, translate, decompile, disassemble, reverse engineer, modify, use, or reproduce any code or source code or source listings relating to the Site, Materials, or Services.
• Use the Site, Services, or Materials to produce, market, evaluate, compare, investigate, or support any product other than the Company’s products.
• Use, copy, provide, disclose, or otherwise make available any confidential or proprietary information from the Site, Services, or Materials, including but not limited to documentation or source code of the Services or Materials, in any form, to any third party.
• Use, publish, or disclose the results of any comparative or competitive analyses, benchmark testing, infringement testing, testing or performance specifications of the Services or Materials to any third party.
• Attempt to gain unauthorized access to any portion or feature of the Site, Services, or Materials, or any other systems or networks connected to the Site or to any Company server, by hacking, password “mining” or any other illegitimate means.
• Pretend that you are, or that you represent, someone else or impersonate any other individual or entity.
• Disguise the origin of information transmitted to, from, or through the Site.
• Attempt to gain unauthorized access to any parts of the Site or any MagicalAPI. accounts, computer systems or networks.
• Use, access, or attempt to access any portion of the Site, Materials, or Services that you are not authorized to access or through any means not intentionally made available through the Site, Materials, or Services.
• Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
• Use any deep-link, scraper, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or any MagicalAPI. accounts, computer systems or networks.
• Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
• Use any device, software or routine to disrupt, inhibit, interfere, or attempt to interfere with the proper working of the Site, any MagicalAPI accounts, computer systems or networks, any transaction being conducted on the Site, or with any other person’s use of the Site, Materials, or Services.
• Access or use the Site in any manner that could damage, disable, overburden, slow, deplete, interfere, or impair the Site, Materials, Services, or any MagicalAPI website, computer system, computer account, network infrastructural resources, or network.
• Upload or transmit to the Site any device, software, program, or file that may damage the operation of the Site or any MagicalAPI accounts, computer systems or networks, including without limitation, corrupted files, time bombs, Trojan horses, viruses and worms.
• Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
• Transmit unsolicited or bulk communications to any Company account holder or to any magicalapi.com or affiliated email address.
• Probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site.
• Reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any Materials or Services through any means not purposely made available through the Site.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Materials, Services, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site.
• Cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site.
• Violate any applicable laws or regulations related to the access to or use of the Site, Services, or Materials, or engage in any activity that is, or that Company deems to be, in violation of the Terms of Service.
• Circumvent any measures by the Company aimed at preventing violations of the Terms of Service.

The Company may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that the Company may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. The Company may terminate or limit your access to or use of the Site if the Company determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that the Company shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have shared.

You agree to indemnify and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you share, your violation of these Terms of Service or any additional rules, guidelines or terms of service posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.

The Company has no obligation to monitor the Site or screen Content that is shared on or through the Site. However, the Company reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. The Company may remove Content that is confidential or proprietary to a third party without that third party's permission.

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

The terms of service set forth herein and any claims relating thereto shall be governed and construed in accordance with the laws of the State of Texas and the United States without regard to the conflict law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived by the Company at its sole discretion, the venue and jurisdiction for actions related to the subject matter hereof shall be the State of Texas and a state or federal court of competent jurisdiction located in the County of Harris, Texas.

Software available on this Site is subject to United States export controls and use contrary to the United States law is prohibited. No Software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, and the Crimea region or any other country to which the United States has embargoed goods (Licenses to these countries and parties are presumed denied); (2) re-export to these countries is prohibited; if you “know or have reason to know” that an illegal reshipment will take place, you may not ship to such a user; or (3) to any entities or individuals listed on any U.S. Government Denied Party/Person List. See BIS’ The Denied Persons List, the Office of Foreign Assets Control’s (“OFAC”) Economic and Trade sanctions list and the Office of Defense Trade Controls. This list is subject to change and you must comply with the list as it exists in fact.

Neither the services or products of the Company not the underlying information or technology may be downloaded or otherwise provided or mad eavailable, either directly or indirectly into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, under the control of, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Sites or Materials.

Where the Company has provided you with a translation of the English language version of these Terms of Service, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Service will govern your relationship with the Company. If there is any contradiction between the English language version of the Terms of Service and the translation, the English language version shall take precedence.

Please see the Company Privacy Policy disclosures relating to the collection and use of your information.

The Terms of Service and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between the Company and you with respect to your access to or use of the Site, Materials, and Services and supersedes any prior agreements between you and the Company on such subject matter (including any prior versions of the Terms of Service). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and the Company regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other the Company services, third party content or third party software. You may not assign or otherwise transfer the Terms of Service nor any right granted hereunder without the Company’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, void, invalid, or illegal, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by the Company to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision. Headings used in the Terms of Service are for reference purposes only and shall not be used to modify the meaning of the terms and conditions contained herein.

Contact [email protected] with questions or problems, as appropriate.
MagicalAPI is operated by Era Technology LLC.