Terms of Service

By accessing, viewing and/or using the Magma application, website and/or any Magma service, you are agreeing to be bound by the following terms and conditions ("Terms of Use").

General Terms

  1. You must be 17 years or older to use any Magma application, website or service.

  2. You may not post nude, partially nude, or sexually suggestive photos on any Magma application, website or service.

  3. You may not post any materials that you do not have permission, right or license to use.

  4. You may not post objectionable, offensive, unlawful, deceptive or harmful content or post personal, private or confidential information belonging to others.

  5. You may not impersonate or misrepresent your affiliation with another person, or entity.

  6. You may not post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements.

  7. You may not or plan or engage in any illegal, fraudulent, or manipulative activity through the use of any Magma application, website or service.

  8. You are solely responsible for any activity that occurs under your screen name or through the use of your mobile or desktop device.

  9. You are responsible for keeping your password secure.

  10. You must not abuse, harass, threaten, impersonate or intimidate other Magma users, regardless of whether such Magma user is a natural person or corporate or other entity.

  11. You may not use the Magma service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online and telecommunications conduct and acceptable content.

  12. You are solely responsible for your conduct and any data, text, files, images, profiles, user names, photos, video, sounds, musical works, works of authorship, applications, links or any other materials that users post on or through the use of the Magma application (collectively referred to hereinafter as "Content") that you submit, post, publish and/or display on any Magma service.

  13. You must not modify, adapt, break into or hack Magma or modify another website so as to falsely imply that it is associated with Magma.

  14. You must not access Magma's private application programming interface or operating system by any other means other than the through the permitted use of the Magma application itself.

  15. You must not crawl, scrape or otherwise cache any content or extract data from Magma’s private application programming interface, including but not limited to user profiles and photos.

  16. You must not create or submit unwanted email, comments, texts or other electronic communications to any Magma users ("Spam") through the use of the Magma application or service.

  17. You must not use web URLs in your name without prior written consent from Magma Media Corp.

  18. You must not transmit any worms or viruses or any code of a destructive nature through the use of the Magma application or service.

  19. You must not, through the use of any Magma application or service, violate any laws in your jurisdiction (including, but not limited to, copyright and trademark laws) or violate the rights of any third party. You must not publish or post any Content which is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights.

  20. Violation of any of these Terms of Use may result in the termination of your Magma account. While Magma prohibits the aforementioned conduct and content on its site, Magma cannot make any guarantees or warranties regarding the Content on the magma application or service. By using the Magma application, website or service, you are acknowledging and agreeing that you understand and agree that Magma cannot be responsible for the Content posted on its web site and that you may be exposed to such materials and that you use the Magma application, website and service solely at your own risk.

General Conditions

  1. Magma reserves the right to modify or terminate the Magma application, website or service for any reason, without notice at any time.

  2. Magma reserves the right to alter Magma’s Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Magma will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined in Magma’s sole discretion, in good faith and using common sense and reasonable judgment.

  3. Magma reserves the right to refuse service or access to the Magma application, website or service to anyone for any reason at any time.

  4. Magma reserves the right to force forfeiture of any username that becomes inactive, violates any trademark or other proprietary rights of any third party, or may mislead other users.

  5. Magma may, but does not have the obligation to, remove any Content and/or any accounts containing Content that Magma may determine in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Use.

  6. Magma reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark or other proprietary rights in or to such user names.

Proprietary Rights in Magma and Content on Magma

  1. Magma does NOT claim ANY ownership rights in the Content posted by users. By displaying or publishing or re-publishing ("posting") any Content on or through the use of the Magma application, website or service, you hereby grant to Magma a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including, without limitation, distributing all or part of any such Content in any media formats through any media channels, except Content not shared publicly ("private") which shall will not be distributed outside of the Magma application, website or service.

  2. The Magma applications, websites and services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Magma may place such advertising and promotions on the Magma application, website or service in connection with the Content of any user. The manner, mode and extent of such advertising and promotions are subject to change without specific notice.

  3. You represent and warrant that: (i) you own the Content posted by you on or through the Magma application, website or service, or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of any Content you post on or through the Magma application, website or service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights (contractual or otherwise) of any kind or nature of any person or other third party. You agree that you will be solely responsible for and shall pay all royalties, fees, and any other monies or liabilities owed to any third party resulting from the posting of any Content through the use of the Magma application, website or service.

  4. The Magma application, website and service contains Content of Magma ("Magma Content"). Magma Content is protected by copyright, trademark, patent, trade secret and other laws, and Magma owns and retains and shall at all times own and retain all rights in the Magma Content and the Magma application, website and service. Magma hereby grants you a limited, revocable, non-assignable (and non sub-licenseable) license to reproduce and display the Magma Content (excluding any software code) solely for your personal use in connection with your use of the Magma application, website and service.

  5. The Magma application, website and service contains Content of other users and other Magma licensors. Except as permitted by these Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell or license any Content of Magma or any other user appearing on or through the Magma application, website or service to any third party without the prior consent of Magma Media Corp.

  6. Magma performs technical functions necessary to offer the Magma Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Magma application, website and service.

  7. Although it is Magma’s intent that the Magma application, website or service will normally be available, there will be occasions when the Magma application, website or servic will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Magma. Also, although Magma will normally only delete Content that violates any part of these Terms of Use, Magma reserves the right to delete any Content for any reason, without prior notice. Although Magma has no obligation to do so, deleted content may be stored by Magma in order to comply with certain legal obligations and may not be retrievable without a valid order of court by a court of competent jurisdiction. Consequently, Magma encourages you to maintain your own backup of your Content. For clarity and for the avoidance of doubt, Magma is not a backup or storage service. Magma will not be liable to you or any third party for any modification, suspension, or discontinuation of any of the Magma application, website or services, or the loss of any Content.