Terms and Conditions

By signing up as a user (the “User” or “you”) of MagicPolygon LLC’s (“Company”) mobile application, MagicPolygon (the “App”) or by visiting the website found at https://www.magicpolygon.com/ (the “Website”), you are subject to the following Terms of Use (as amended from time to time, the “Terms of Use”).  We shall refer to the App and the Website collectively as the “App.”  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the App’s user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the App or changes made for legal reasons will be effective immediately. Your continued use of the App after the date any such change becomes effective constitutes your acceptance of the new Terms of Use.

 

In addition, you may be subject to additional terms applicable to the App that may be posted from time to time, including, without limitation, the App Privacy Policy.  You may also be also subject to additional terms through agreements signed within the framework of the App.  Should the Terms of Use conflict with any of these agreements signed between Company and a User the terms of those agreements will apply.

 

The App

 

App Description and Use: The App is designed to allow User’s to live stream, record, and share voice recordings featuring Users reading and/or telling stories using the platform-provided picture books. Apart from the platform-provided picture books, Users may also upload and create their own original picture books.  The voice recordings will be stored on the MagicPolygon’s server. The App may be used by both individual users (“Individuals”) and schools (“Schools”). To use the App, Individuals and Schools must register for a MagicPolygon Account (defined below) and purchase an appropriate subscription plan for the App (the “Subscription Plan”). Once a School has registered for a MagicPolygon Account and purchased the applicable Subscription Plan, you will be able to record, share with teachers depending on the Subscription Plan. Once an Individual has registered for a MagicPolygon Account and purchased a Subscription Plan, you may create, record and listen, and invite storytellers  to tell stories.      

 

Modifications to the App: Company reserves the right to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the App. We have no obligation to retain any part of the MagicPolygon Account (as defined below) for any period of time beyond what may be required by applicable law.

 

Fees: The current version of the app is free. The future version of the app may grant a one (1) month free trial. After the one (1) month free trial, you will be prompted to choose a paid subscription plan. To continuing using the App after the free trial, you will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your MagicPolygon Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your MagicPolygon Account, and you further agree to pay any charges so incurred. You authorize us to charge any payment instrument associated to your MagicPolygon Account in case your primary payment instrument is declined or no longer available to us for payment of your Subscription Plan fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your MagicPolygon Account, we may suspend your access to the App until we have successfully charged a valid payment instrument. For some payment instruments, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment instrument. Check with your payment instrument service provider for details.

 

The applicable Subscription Plan fee and any other charges you may incur in connection with your use of the App, such as taxes and possible transaction fees, will be charged to your payment instrument on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for your Subscription Plan. Subscription Plan fees are fully earned upon payment. In some cases, your payment date may change, for example if your payment instrument has not successfully settled or if your Subscription Plan began on a day not contained in a given month. We may authorize your payment method in anticipation of subscription related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

 

You can cancel your Subscription Plan at any time, and you will continue to have access to the App through the end of your billing period. To cancel, go to the "Account" page on our App and follow the instructions for cancellation. If you cancel your Subscription Plan, your MagicPolygon Account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page.

 

If you signed up for the App using your account with a third party as a payment method and wish to cancel your Subscription Plan, you will need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the App through that third party. You may also find billing information about your Subscription Plan by visiting your account with the applicable third party. 

 

 If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change Company's prices at anytime. Your continued use of the App after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with any payments made to you through the App. 

 

Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the App through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

Individual Fees:  Individuals may subscribe to the Individual Subscription Plan, as described below: 

Individual Subscription Plan: 

- A library of stories

- New stories every  month

- Ability to invite three (3) storytellers to register for a free account, linked your MagicPolygon Account to record voice recordings of stories to be shared through  your MagicPolygon Account to kids. 

- Listen to stories from the invited storytellers in real time and on demand

- Create and record original stories 

 

The fee for the Individual Subscription Plan is $5.99 plus tax/ per month or $50 plus tax/ per year  ($4.16  plus tax/per month billed Annually).  The pricing is subject to change, at any time.

 

School Fees:  Schools may subscribe to the School Subscription Plan as described below:

 

School Subscription Plan: 

  • A library of stories

  • New stories every month

  • Teachers record and share stories with class students and parents

  • Parents share stories with the teachers for private reviews

  • Ability to provide free parent accounts that will be linked to the School Subscription Plan.

 

The fee for this Subscription Plan is  $380 plus tax/ per year for a class (a maximum of 40 students). 

 

In the School Subscription Plan, the subscribing school shall create a master account, which shall be managed by a single administrator appointed by the school.  The school administrator shall then invite each teacher to create a classroom account.  The teacher can invite each student’s parent or guardian to create an account on behalf of the student to be associated with the school and classroom.  


 

Conditions of Use of the App

 

License to Use the App: The App is solely for your personal and non-commercial use.  Except for the foregoing limited license, no right, title or interest shall be transferred to you. Unless otherwise expressly authorized herein or in the App, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the App, use of the App, or access to the App.   

 

Registration Obligations: You may be required to register with Company in order to access and use certain features of the App (“MagicPolygon Account”). If you choose to create a MagicPolygon Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. Registration data and certain other information about you are governed by our Privacy Policy at https://www.magicpolygon.com/privacy . If you are under 18 years old, you may use the App, with or without registering, only with the approval and oversight of your parent or guardian.  There are two types of MagicPolygon Accounts you can create through the App, (1) an Individual account with the Individual Subscription Plan (“Individual Account”) and (2) a School Account with the School Subscription Plan (“School Account”).   

 

Individual Account: The Individual Account is designed for individuals who wish to record or have others record stories. When creating an Individual Account you will be asked for the following information: 

  • full name

  • email

  • Child’s first name

  • Child’s last name

 

School Account: The School Account is designed schools/teachers who wish to utilize the App in their classrooms and with their students.  When creating a School Account you will be asked for the following information: 

  • full name

  • email

  • School name

  • School address

 

 

 

Account, Password and Security: You may only use and access your own MagicPolygon Account, and you may not provide another person with the username and password to access your MagicPolygon Account. You are fully responsible for any and all activities that occur under your password or MagicPolygon Account. You agree to (a) immediately notify Company of any unauthorized use of your password or MagicPolygon Account or any other breach of security, and (b) ensure that you exit from your MagicPolygon Account at the end of each session when accessing the App. Company will not be liable for any loss or damage arising from your failure to comply with this Section.

 

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“MagicPolygon Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the App. The following are examples of the kind of content and/or use that is illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, removing the offending MagicPolygon Content from the App, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. 

 

You agree to not use the App to: 

(a) email or otherwise Upload any MagicPolygon Content that: 

(i) infringes any intellectual property or other proprietary rights of any party; 

(ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; 

(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

(iv) poses or creates a privacy or security risk to any person; 

(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; 

(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or 

(vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the App, or which may expose Company or its users to any harm or liability of any type; 

(b) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; 

(c) violate any applicable local, state, national or international law, or any regulations having the force of law; 

(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

(e) solicit personal information from anyone under the age of 18; 

(f) harvest or collect email addresses or other contact information of other users from the App by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 

(g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; 

(h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or 

(i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the App.

 

MagicPolygon Content: You represent and warrant that you own all right, title and interest in and to MagicPolygon Content, including, without limitation, all copyrights and rights of publicity contained therein. By Uploading any MagicPolygon Content, you hereby grant and will grant Company, its affiliated companies and partners, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, Upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your MagicPolygon Content, in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). 

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the App (“Submissions”), provided by you to Company, its affiliated companies or partners are non-confidential and Company, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You acknowledge and agree that Company may preserve MagicPolygon Content and may also disclose MagicPolygon Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any MagicPolygon Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public. 

 

Rules for MagicPolygon Content.  By submitting or posting MagicPolygon Content, you agree to the following rules:

  • You have or own the necessary rights, consents, releases, licenses, and/or permissions for the MagicPolygon Content;

  • The MagicPolygon Content will not damage you, us, or any third party;

  • The MagicPolygon Content is accurate and complete;

  • The MagicPolygon Content is not defamatory, false, threatening, harassing, abusive, hateful, offensive, libelous, obscene, excessively violent, pornographic, inappropriate, or encouraging of conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or violate the Terms of Use;

  • You will not do or attempt to do anything to harm, disrupt, or interfere with Company or the App’s security, system, accounts, passwords, servers, data, or networks.

 

MagicPolygon Content, is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful MagicPolygon Content, nor does it assume responsibility or liability that may arise from the MagicPolygon Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

Company has sole discretion when determining whether certain MagicPolygon Content violates the Terms of Use and to remove any MagicPolygon Content. Company further reserves the right to, in its sole discretion, remove or block any User who violates any of its rules.

Defamatory Comments.  You agree and understand that you may be held legally responsible for damages suffered by other users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the App that is deemed defamatory or otherwise legally actionable. Company is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the App.

 

School Rules. The MagicPolygon content rules applies to all users/accounts including schools.

 

Third Party Material: Under no circumstances will Company be liable in any way for any content or materials of any third parties or any links provided to third-party websites or applications (“Third-Party Content”), including, but not limited to, for any errors or omissions in any Third-Party Content, or for any loss or damage of any kind incurred as a result of the use of any such Third-Party Content. You acknowledge that Company does not pre-screen Third-Party Content, but that Company will have the right (but not the obligation) in its sole discretion to refuse or remove any Third-Party Content that is available via the App. Without limiting the foregoing, Company will have the right to remove any Third-Party Content that violates these Terms of Use or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

Intellectual Property Rights

 

App: Company owns all rights in (1) the App (2) the content on the App (3) any technology associated with the App, and (4) Company’s trademarks and any goodwill, derivative works, improvements and/or intellectual property associated with the App. Users will not copy, modify, distribute, sell, or lease the App or any part thereof or attempt to unlock or bypass any encryption or other protections used by Company. Users acknowledge that the App constitutes Company trade secrets and confidential information. Users will not use any such information to duplicate the App or the results of the App or to develop a similar App, or to enable any third party to do any of the foregoing. Users shall not develop or use any alternative App that allows for the recording and sharing of stories or that is substantially similar to the App. Any violation of this provision shall be deemed to be an infringement of Company’s intellectual property and may result in termination of your MagicPolygon Account at Company’s sole discretion and/or taking any legal action that Company may deem necessary.

 

The following uses are not permitted:

  • Republication of content from the App, unless content is specifically and expressly made available for republication; 

  • Sale, rental or sub-license of any content from the App;

  • Reproduction or duplication of any content on the App for commercial purposes; 

  • Modification of any content on this App, unless content is specifically and expressly made available for modification; 

  • Redistribution of content of the App, unless content is specifically and expressly made available for redistribution. 

 

You must not use the App in a way that causes, or may cause, damage to the App or impair the availability of access to the App. You must not decompile, reverse engineer, disassemble or otherwise reduce the App, except to the extent that such activity is expressly permitted by applicable law. You must not use the App to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

 

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the App without Company 's express written permission. 

You must not use the App to transmit or send any unsolicited commercial communications. 

You must not use the App for any third-party marketing without Company’s express written permission.

Any rights not expressly granted herein are reserved by Company.

 

Trademarks: The Company name and logos are trademarks and service marks of Company (collectively the “Company Trademarks”). Other product, names and logos used and displayed via the App may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in this Terms of Use or the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the App, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

 

Copyright Infringement

If you are a copyright owner and you believe that any MagicPolygon Content has infringed upon your copyrights, you may submit a notification to Company pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing a written statement to our Copyright Agent at swarna @magicpolygon.com pursuant to 17 U.S.C. § 512(c)(3) that includes:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.

(iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If the notification does not include all of the above listed requirements, it may not be valid.

If you believe the content at issue in any DMCA notice does not infringe or you have authorization from the copyright owner, you may file a counter-notice with Company’s Copyright Agent pursuant to 17 U.S.C. § 512(g)(3) that includes: 

(i) Your physical or electronic signature.

(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(iii) A statement under penalty of perjury that you had a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 

(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court of Delaware and a statement that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If Company’s Copyright Agent receives a Counter-Notice, Company will use its discretion as to whether it will send the counter-notice to the party who sent the DMCA. If the party who sent the DMCA does not respond or file an action seeking a court order, Company may replace any removed content within fourteen (14) business days of receipt of the counter-notice.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, any users of the App who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the App and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Indemnity and Release

 

You agree to release, indemnify and hold Company and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the App, MagicPolygon Content, your connection to the App, your violation of the Terms of Use or your violation of any rights of another. 

 

Disclaimer of Warranties

 

The App was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the App. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the App.

 

YOUR USE OF THE APP AND IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

COMPANY MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (V) ANY OTHER MATTER RELATING TO THE APP. IN NO EVENT WILL COMPANY’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY OR RECEIVED THROUGH THE APP IN THE LAST THREE (3) MONTHS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP.

 

COMPANY’S MAXIMUM LIABILITY TO YOU ARE THE AMOUNTS PAID TO COMPANY IN THE LAST SIX (6) MONTHS.

 

Arbitration

All disputes between the parties arising out of or in connection with the Terms of Use or any breach thereof will be determined and settled by binding arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will not be combined with any other proceeding or arbitration against one of the parties.  The place of any such arbitration shall be in or near Hudson County, New Jersey. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator to serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within one hundred twenty (120) days from the date the third arbitrator is selected. The arbitrators may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrators’ decision and award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The award rendered by the arbitrators will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be governed by and construed in accordance with New Jersey law without reference to conflict of laws provisions.

 

Governing Law:  For claims not subject to the Dispute Resolution section above, this Agreement will be governed by the laws of the State of New Jersey, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in or nearest Hudson County, New Jersey. User consents to personal jurisdiction in the state and federal courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-conveniens.

 

No Class Actions: We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Company can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other users, and cannot be used to decide other disputes with other users.

 

Notwithstanding the provisions of the introductory section above, if Company changes this ‘Arbitration’ section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice by email to swarna@magicpolygon.com within thirty (30) days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Company 's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Company in accordance with the provisions of this section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

 

International Use.   Company makes no representation that the App is appropriate or available for use in locations outside of the United States.  If you access the App from other locations, you do so at your own risk and are responsible for compliance with local laws.

 

Termination

 

You agree that Company, in its sole discretion, may suspend or terminate your MagicPolygon Account (or any part thereof) or use of the App and remove and discard any content within the App, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of App, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the App, or any part thereof, with or without notice. You agree that any termination of your access to the App under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your MagicPolygon Account and all related information and files in your account and/or bar any further access to such files or the App. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the App.

 

App Disputes

 

You agree that you are solely responsible for your interactions with any other user in connection with the App and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the App.

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN THE USERS OF THE APP; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS OF THE APP; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS OF THE APP. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER'S CONDUCT IN CONNECTION WITH SUCH USERS'S USE OF THE APPS, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.

 

General

 

The Terms of Use constitute the entire agreement between you and Company and govern your use of the App, superseding any prior agreements between you and Company with respect to the App. You also may be subject to additional terms and conditions when you use affiliate or third-party Apps, third-party content or third-party software. The failure of Company to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign the Terms of Use without the prior written consent of Company, but Company may assign or transfer the Terms of Use, in whole or in part, without restriction. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email. The App may also provide notices to you of changes to the Terms of Use or other matters by displaying notices or links to notices.

 

Your Privacy

 

At Company, we respect the privacy of our users. For details please see our Privacy Policy at https://www.magicpolygon.com/privacy . By using the App, you consent to our collection and use of personal data as outlined therein.

 

Questions? Concerns? Suggestions?

 

Please email us at swarna@magicpolygonl.com to report any violations of the Terms of Use or to pose any questions regarding the Terms of Use or the App.

Last updated: April 24, 2020

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