TERMS AND CONDITIONS OF USE
We
have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know if
you’d like to see improvements or changes that would make it even
easier for you to find the information you need and want.
All we ask
is that you agree to abide by the following Terms and Conditions. Take
a few minutes to look them over because by using our site you
automatically agree to them. Naturally, if you don’t agree,
please do not use the site. We reserve the right to make any
modifications that we deem necessary at y time. Please continue to
check these terms to see what those changes may be! Your continued use
of the TheMagicDisk.com (Digital Paper Products, Inc) Web site means
that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All
Online Materials on the Got2ManUp site, including, without limitation,
text, software, names, logos, trademarks, service marks, trade names,
images, photos, illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are owned and
controlled Got2ManUp.com. You, the visitor, may download Online
Materials for non-commercial, personal use only provided you-
1) retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials,
3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands.
4)
you do not download quantities of materials to a database, server, or
personal computer for reuse for commercial purposes. You may not,
however, copy, reproduce, republish, upload, post, transmit or
distribute Online Materials in any way or for any other purpose unless
you get our written permission first. Neither may you add, delete,
distort or misrepresent any content on the Got2ManUp.com site. Any
attempts to modify any Online Material, or to defeat or circumvent our
security features is prohibited.
Everything you download, any
software, plus all files, all images incorporated in or generated by
the software, and all data accompanying it, is considered licensed to
you by Got2ManUp.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the software
to you. That means that we retain full and complete title to the
software and to all of the associated intellectual-property rights.
You’re not allowed to redistribute or sell the material or to
reverse-engineer, disassemble or otherwise convert it to any other form
that people can use.
Submitting Your Online Material to Us
All
remarks, suggestions, ideas, graphics, comments, or other information
that you send to Got2ManUp.com through our site (other than information
we promise to protect under our privacy policy becomes and remains our
property, even if this agreement is later terminated.
That means
that we don’t have to treat any such submission as confidential.
You can’t sue us for using ideas you submit. If we use them, or
anything like them, we don’t have to pay you or anyone else for
them. We will have the exclusive ownership of all present and future
rights to submissions of any kind. We can use them for any purpose we
deem appropriate to our Got2manUp.com mission, without compensating you
or anyone else for them.
You acknowledge that you are responsible
for any submission you make. This means that you (and not we) have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation of Liability
Got2ManUp.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER
MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT
LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR
EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF
YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD
NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU
FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND
(WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR
CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR
THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER
THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We
sometimes provide referrals to and links to other World Wide Web sites
from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at
sites you can access through our site. If in doubt, always check the
Uniform Resource Locator (URL) address provided in your WWW browser to
see if you are still in a Got2ManUp.com-operated site or have moved to
another site. Got2ManUp.com is not responsible for the content or
practices of third party sites that may be linked to our site. When
Got2ManUp.com provides links or references to other Web sites, no
inference or assumption should be made and no representation should be
inferred that Got2ManUp.com is connected with, operates or controls
these Web sites. Any approved link must not represent in any way,
either explicitly or by implication, that you have received the
endorsement, sponsorship or support of any Got2ManUp.com site or
endorsement, sponsorship or support of Got2ManUp.com, including its
respective employees, agents or directors.
Termination of This Agreement
This
agreement is effective until terminated by either party. You may
terminate this agreement at any time, by destroying all materials
obtained from all Got2ManUp.com Web site, along with all related
documentation and all copies and installations. Got2ManUp.com may
terminate this agreement at any time and without notice to you, if, in
its sole judgment, you breach any term or condition of this agreement.
Upon termination, you must destroy all materials. In addition, by
providing material on our Web site, we do not in any way promise that
the materials will remain available to you. And Got2ManUp.com is
entitled to terminate all or any part of any of its Web site without
notice to you.
Jurisdiction and Other Points to Consider
If you
use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These
Terms of Use shall be governed by, construed and enforced in accordance
with the laws of the New York, as it is applied to agreements entered
into and to be performed entirely within such jurisdiction.
To the
extent you have in any manner violated or threatened to violate
Got2manUp.com and/or its affiliates' intellectual property rights,
Got2ManUp.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of
Got2manUp.com, and you consent to exclusive jurisdiction and venue in
such courts.
Any other disputes will be resolved as follows:
If a
dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following
location: Rochester. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If
it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Rochester, under the rules of
the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do
so.
Got2ManUp.com may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and without
notice to you. This is the ENTIRE agreement regarding all the matters
that have been discussed.
NO WARRANTIES
ALL
WEB SITES, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. OUR COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE
WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES,
PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS,
SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY,
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS
OR IMPLIED, THAT IS MADE BY OUR COMPANY. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY OUR COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH
INFORMATION OR ADVICE TO DO SO.
RECURRING ORDERS
RECURRING ORDERS
ARE ORDERS WHERE YOU ARE MAKING MULTIPLE PAYMENTS FOR A PRODUCT OR
SERVICE. WHETHER IT'S A FREE TRIAL OR A PAYMENT PLAN. IF YOUR RECURRING
ORDER FAILS TO BILL MORE THEN 2 TIMES YOU WILL BE RESPONSIBLE FOR THE
BANK AND SERVICE FEES WE ARE CHARGED FOR THE FAILED PAYMENT IN ADDITION
TO THE BALANCE OWED. ALSO IF YOUR RECURRING PAYMENT FAILS THE
GUARANTEE/REFUND POLICY ON THAT PRODUCT/SERVICE WILL BECOME VOID AND
ALL FUTURE PAYMENTS ON THE PRODUCT OR SERVICE WILL BE BILLED
IMMEDIATELY.