Last updated: May 29, 2016
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the MAGNIFY mobile application / website (the "Service") operated by ADA Solutions, LLC. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
ADA Solutions, LLC. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of ADA Solutions, LLC. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at [email protected]
Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ADA Solutions, LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ADA Solutions, LLC..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ADA Solutions, LLC..
ADA Solutions, LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ADA Solutions, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless ADA Solutions, LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall ADA Solutions, LLC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ADA Solutions, LLC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Use of Analytics
(a) Traffic Data
Like most mobile application / website operators, MAGNIFY automatically gathers information of the sort that devices automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Service; and (iv) types of mobile device browsers accessing the Service (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify You.
(b) Analytics Policy – Collecting Your Device Ad ID
MAGNIFY collects analytics information about your use of the application. You are under no obligation to consent to collection or use of analytics information. Your refusal to consent may prevent You from using the Service.
“Device Ad IDs” are files that are placed on Your mobile application by your device manufacturer. The purpose of a Device Ad ID is to identify the user as a unique user of the Service without collecting Personally Identifiable Information.
MAGNIFY collects Device Ad IDs.
(c) Ad Serving
MAGNIFY uses third parties for analytics and advertising through the Service and analytics of MAGNIFY users. MAGNIFY gathers Your IP addresses and log data to collect traffic and activity data in order to deliver relevant metrics, content, and advertising.
(d) Personally Identifiable Information
In order for You to use certain features of the Service, You will be asked to provide MAGNIFY certain personally identifiable information (“Personal Information”). Some of the Personal Information requested is voluntary. Personal Information will include the following categories, without limitation: (1) “Contact Data” (such as Your name, age, phone number, and email address) and (2) “Demographic Data” (such as Your gender, occupation, education, and background). In each case, You will be asked to provide Personal Information; the Service will not gather it surreptitiously. MAGNIFY may supplement the Personal Information You provide with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to MAGNIFY. You are under no obligation to provide Personal Information, with the caveat that Your refusal to do so may prevent You from using certain features of the Service.
(e) Information You Make Public
The Service may contain features (e.g.instant messages, electronic messaging, etc.) that permit You to upload, post, transmit, display, perform or distribute content, or other information, including Your Personal Information. Any information that You choose to disclose by means of such features becomes public information over which MAGNIFY is unable to exercise control. You should exercise caution when deciding to disclose Your Personal Information by means of such features, and You agree to assume all responsibility for doing so.
(f) Mobile Device Information
MAGNIFY may collect: (i) information about the type, make, and model of Your mobile device, the operating system You use on the device, browser type and specifications, the network service or wireless communication provider who connects Your device to a telecommunications system or systems, Your internet protocol address, and other unique identifiers assigned by third parties to Your mobile device, and (ii) information about your activity on the device, including Your use of other mobile applications on the same device, click data and click patterns in relation to promotional advertising on your device, cookies (defined above), tracking tags, pixel tags, and visitor history.
MAGNIFY may access and collect information regarding the physical geographic location of your mobile device.
(g) Facebook, Google+, LinkedIn Authentication
These services all have developers policies that require MAGNIFY to (1) obtain users' explicit consent to share certain data; (2) delete information obtained through authorizations if the services disable MAGNIFY's developer access; (3) provide easily accessible mechanisms for You to request deletion of data collected by MAGNIFY through the authorization; and (4) delete information obtained upon Your request.
If you have any questions about these Terms, please contact us.