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Terms of Use

PLEASE READ THIS TERMS OF USE & CLIENT SERVICES AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. Introduction

This Terms of Use & Client Services Agreement (“Agreement”) is made by and between Instamagica, a website, or any of its subsidiaries, including Instamagica.com (“INSTAMAGICA”) and you, and is made effective as of the date of your use of this website (“Site”). This Agreement lays out the general terms and conditions of your use of the Site. This Agreement is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services and products (collectively the “Services”) provided by instamagica to you.

By accessing, downloading, or using any part of the Site or the Services, or the services, features, or functionality jointly offered with other companies through the Site, whether through a computer, mobile device, or other device, your use of the Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.

The terms “we”, “us” or “our” shall refer to instamagica. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts accesses the Site. The term “Prospect” shall refer to any individual or entity who has expressed a desire to engage instamagica’s Services and has communicated this desire with instamagica. The term “Client” shall refer to any individual or entity that has engaged instamagica’s Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

To the extent that you use a Site, feature, or functionality operated by a third party made available through our Site, including those services jointly offered with the third party, each party’s terms will govern the respective party’s relationship with you.

Instamagica may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Site of the Services. In addition, instamagica may occasionally notify you of changes or modifications to this Agreement by email.

Please Note: These terms contain a dispute resolution provision whereby you agree that disputes between you and instamagica will be resolved by mandatory binding arbitration, except for certain types of disputes more fully described below, and you waive any right to participate in a class action lawsuit or class-wide arbitration.

2. Eligibility and Authority

This Site is available only to Users who are able to form legally binding contracts under applicable law. By using the Site or the Services, you represent and warrant that you are:

(i) At least eighteen (18) years of age;
(ii) Otherwise recognized as being able to from legally binding contracts under applicable law, and
(iii) Are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, instamagica finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, any payment obligations. Instamagica shall not be liable for any loss or damage resulting from its reliance on any instruction, notice, document or communication reasonably believed by instamagica to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, instamagica reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you or anyone acting as your agent

3. Restrictions on Use

Instamagica grants you permission to use the Site subject to the restrictions in these terms. Your use of the Site and any features contained therein is at your own risk. The Site may not be available in all geographic locations at all times.

Additionally, you may not:

(i) collect or attempt to collect personally identifiable information of other users by electronic or other means for the purpose of sending unsolicited emails and/or unauthorized framing of or links to the Site;

(ii) make any false or fraudulent representations to us or materially false or fraudulent representations to other users in any communication or disclosure of information, whether private or otherwise, in any manner;

(iii) access, copy, or monitor any content or information on the Site using any spider, robot or other automated means or any manual process for any purpose without our express written permission;

(iv) “co-brand”, “frame”, “hyperlink” or otherwise incorporate any part of the Site into any other website without our prior express written authorization;

(v) use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site;

(vi) obtain or attempt to obtain any content, information, or materials through any means not intentionally made available or provided for through the Site;

(vii) modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or connected to instamagica which has not been specifically provided by instamagica;

(viii) modify, disassemble, decompile, reverse-engineer or make copies or reproductions of the Site, except to the extent allowed by law;

(ix) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, the features preventing or restricting use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or

(x) delete the copyright or other proprietary rights notices on or within the Site.

4. Accounts and Usage

By providing Contact Information to instamagica (including, but not limited to name, address, phone number, or email address), you agree to receive infrequent communications from instamagica. Such communications may include notices about applicable fees and charges, transactional information, marketing and promotions related information and other information concerning or related to purchased Services. Such communications are part of your relationship with instamagica. You hereby agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt-out of non-essential communications when this option is made available to you.

You further understand that the foregoing license grant is not a sale of the Site or any copy thereof, and instamagica retains all right, title, and interest in and to the Site and any copy thereof.

5. Proprietary Information

The material and content accessible from the Site, and any other website owned, operated, licensed, or controlled by instamagica is the proprietary information of instamagica or the third party affiliate of instamagica that provided or licensed the material or content to instamagica. Such content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written authorization of instamagica. Any use of the material or content outside the terms of this Agreement or any modification thereof is a violation of instamagica’s intellectual property rights. No intellectual property rights nor title is transferred to you by accessing the Site.

6. Privacy Policy

You represent that you have read, understand, and agree to our Privacy Policy which is explicitly incorporated herein by reference. Link: https://instamagica.com/privacy

7. Liability Disclaimers

Please read this section carefully. It limits the liability of instamagica and its related entities, including its parents, subsidiaries, affiliates, related companies, suppliers, licensors, vendors, and partners and the officers, directors, members, employees, agents, and representatives of each of them to you. Each paragraph below applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any of your rights which may not be lawfully limited.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, WITH THE EXPRESS UNDERSTANDING THAT INSTAMAGICA IS NOT RESPONSIBLE FOR THE ACCURACY OR TRUTH OF ANY REPRESENTATIONS RELATED TO THIRD PARTY CLIENTS OF INSTAMAGICA. INSTAMAGICA MAKES NO CLAIMS OR GUARANTEES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, THE INFORMATION CONTAINED THEREIN OR THEREON, OR ITS SAFETY OR SECURITY. AS SUCH, INSTAMAGICA IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, INCLUDING THE SITE’S UNAVAILABILITY, SECURITY VULNERABILITIES, OR INOPERABILITY OR INCORRECT OR INACCURATE INFORMATION OR RESULTS TO BE OBTAINED FROM USE OF INFORMATION ON THE SITE. THE INCLUSION OR OFFERING OF ANY INFORMATION, PRODUCTS OR SERVICES ON THE SITE UNRELATED TO PRODUCTS OR SERVICES DIRECTLY OFFERED BY INSTAMAGICA AND/OR ITS PARENTS OR SUBSIDIARIES DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY INSTAMAGICA.

INSTAMAGICA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO INFORMATION PROVIDED TO YOU OR ADVICE BY A REPRESENTATIVE OF INSTAMAGICA OR ITS BUSINESS AFFILIATES SHALL CREATE A REPRESENTATION OR WARRANTY. INSTAMAGICA MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING BUSINESSES OR ADVERTISERS LISTED ON THE SITE. THEREFORE, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTS, OMISSIONS OR INACCURATE INFORMATION PROVIDED BY OTHERS. ALL ACTIONS YOU TAKE REGARDING SERVICES OR PRODUCTS OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING PURCHASES, IS AT YOUR OWN RISK AND DISCRETION.

UNDER NO CIRCUMSTANCES SHALL INSTAMAGICA, ITS PARENTS, SUBSIDIARIES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANY OTHER USER’S CONDUCT RELATED TO THE USE OF THE SITE, EVEN IF INSTAMAGICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF INSTAMAGICA, ITS PARENTS, SUBSIDIARIES AND/OR ITS RESPECTIVE SUPPLIERS TO ANY PARTY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF 1000.00 OR THE AMOUNT YOU HAVE PAID TO INSTAMAGICA FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. YOU AGREE THAT THIS LIMIATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OR RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THE AGREEMENT

THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF INSTAMAGICA, AND/OR ITS RESPECTIVE AFFILIATES, PARTNERS, AND SUPPLIERS.

Any content or material downloaded or otherwise obtained through the use of the Service is obtained at your own risk and discretion. You will be solely responsible for and hereby waive any and all claims and causes of action related to any damage or injury to your mobile device, computer, network, or other download or display device, or the loss or corruption of data resulting from the download of any such material. IF YOU DO NOT ACCEPT THIS LIMITATION, YOU ARE NOT AUTHORIZED TO DOWNLOAD, USE, OR OBTAIN MATERIAL THROUGH THE SITE.

8. Indemnity

You agree to indemnify and hold instamagica, and/or its respective parents, subsidiaries, and affiliates and any of their officers, directors, employees and agents (collectively the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties shall bear no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from the Site.

9. Third Party Websites

The Site may contain hyperlinks to websites operated by parties other than instamagica. Such hyperlinks are provided for reference and convenience only and do not constitute or imply any endorsement or association with such operators by instamagica. We do not control these third party websites and are not responsible for their content or their policies and practices. It is up to you to ensure that any link, on our Site or others, are free from viruses, Trojan horses, worms, defects and other destructive programs.

10. Site Trademark and Copyrights

Trademarks, service marks, logos, and copyrighted works (“Protected Material”) appearing on the Site are the property of instamagica or the party that provided the Protected Material to instamagica. Instamagica and any party that provided Protected Material to instamagica retain and reserve all rights therein. Use of any Protected Material appearing on the Site, without the express written permission of instamagica is expressly prohibited. All instamagica content is: Copyright © 2020 instamagica. All rights reserved.

If you would like information about obtaining instamagica’s permission to use Protected Material appearing on the Site for any purpose, please send us an email on info@instamagica.com. Any violation of this Agreement or terms and conditions attached to any permission related to Protected Material automatically terminates your license to use the Protected Material and you must immediately destroy any copies of the Protected Material in your possession, in any format and/or method whatsoever.

11. Infringement Notification

We respect the intellectual property rights of others and we ask our users to do the same. If you believe that materials posted on the Site violate your intellectual property rights, please contact us by mail or email at the addresses listed below. Please include:

(i) an electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright or other proprietary interest;

(ii) a description of the alleged infringing work;

(iii) a description of where the work is located on the Site (including website URL);

(iv) your address, telephone number and email address;

(v) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and

(vi) your statement, made under penalty of perjury, that the information contained in your notice is accurate and that you are the owner of the subject material or are authorized to act on such person’s behalf.

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or material.

 12. Refunds

Instamagica generally commences work on each project within 24-hours of Client’s order. Therefore, full refunds are made only when requested within 24-hours of payment (either full payment or deposit payment). Once work has commenced, no refunds will be provided. However, in certain limited circumstances, instamagica reserves the right, at its sole discretion, to provide partial refunds. Administrative fees for work completed will be applied to any partial refund.

Absolutely no refunds are provided for any purchases made longer than 3 months prior to the request.

13. Intellectual Property Rights

Instamagica makes use of WordPress themes licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later to create websites for the customers and website users. This clearly indicates, all of the website projects created / redistributed / modified by us will remain licensed under the GNU General Public License, where it doesn’t cover you / your website / your end-product for any copyrights, trademarks or intellectual property rights. The GNU General Public License (GNU GPL or GPL) is a series of widely used free software licenses that guarantee end users the freedom to run, study, share, and modify the software. As a customer, you’re granted with the freedom to run, study, share, and modify the website, but at the same time, you’re not transferred any copyrights, trademarks or intellectual property rights for any of the WP themes / Plug-ins / Tools / Codes used to create your website by us. All intellectual property rights remain reserved by their first owners and original creators. Instamagica do not own any copyright or trademarks for third-party WP themes / Plug-ins / Tools licensed under the GNU General Public License. All rights belong to their respective owners.

14. Client’s Use

Instamagica hereby provides a limited-use license to Client to use Content created specifically for Client as is reasonable and customary, provided that Client make full payment of all sums due and owing to instamagica. If Client fails to make full payment, no license to use, adapt, modify, publish or disseminate the Content, in any manner is provided to Client. Under no circumstances will Content provided to a Prospect be given with any license other than the limited license to play or review the Content privately.

Client may attempt to negotiate additional licensing rights for use of Content, but instamagica is under no obligation to enter into such an agreement. Client may also attempt to purchase or license any Content in an additional format or size, but instamagica is under no obligation to make such a sale or license.

15. Security

You alone are responsible for the security of your account. Instamagica will be entitled to monitor your account and, at its discretion, terminate your account.

You are strictly prohibited from using any features of the Site or Services to compromise security or tamper with system resources and/or user accounts. The use or distribution of programs designed to compromise website security, including password guessing programs, cracking tools, or network probing tools, is strictly prohibited. If you are involved in any violation of system security, instamagica reserves the right to release the information we have about you to outside websites’ system administrators in order to assist in resolving security threats. Instamagica reserves the right to investigate suspected violations of this Agreement.

Further, instamagica reserves the right to cooperate fully with law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting, emailing, publishing, or otherwise accessing and making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS INSTAMAGICA, ITS PARENTS AND SUBSIDIARIES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INSTAMAGICA OR LAW ENFORCEMENT AUTHORITIES.


16. Choice of Law and Venue

This agreement, as well as any claim, cause of action or dispute that might arise between you and instamagica, will be governed by the laws of the state of Maharashtra, India, without regard to conflict of law provisions. In connection with any arbitration (or litigation) arising out of, related to or in connection with this Agreement, you agree to submit to personal jurisdiction in the Courts of Mumbai city. You further agree to proper venue of any suit or any cause of action arising out of, related to, or in connection with this Agreement shall be mandatory in the Courts of Mumbai city.

 17. Severability & Headings

If any part of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions will remain enforceable, legal and valid.

The headings of sections and subsections hereof are solely for convenience of reference and are not part of this Agreement.

18. Miscellaneous

(i) You agree that no joint venture, partnership, employment, or agency relationship has been created or exists between you and instamagica as a result of this Agreement or use of the Site.

(ii) This Agreement constitutes the entire agreement between you and instamagica relating to the subject matter of this Agreement and supersedes all prior or contemporaneous proposals and communications, whether oral, written or electronic between you and instamagica, its representatives, agents, or assigns.

(iii) A printed version of this Agreement and of any notice given in electronic form shall be admissible in a dispute resolution, judicial, or administrative proceeding based upon or relating to this Agreement to the same extent and subject to the same conditions as any other business record or document originally created and maintained in printed form.

(iv) We reserve the right to modify, update or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

(v) Except as otherwise stated, nothing herein is intended, nor will be deemed to confer rights or remedies upon any third party.

(vi) Any failure on instamagica’s part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.

(vii) Acceleration. In the event that Client materially breaches this Agreement related to purchased Services, all future payments contemplated by this Agreement shall be considered immediately due and payable in full as of the date of the breach. Client understands and recognizes that instamagica frequently allocates overhead costs and budgets for future costs, such as through third-party contracts and long-term employment agreements. Accordingly, Client explicitly agrees that it shall not be entitled to any offset or discount for future payments owed, and waives any arguments or defenses pertaining to such. Client’s failure to provide payment to INSTAMAGICA within 30 days of when said payment is due shall be considered a material breach of this Agreement.

Any rights not expressly granted herein are reserved.

© 2020 INSTAMAGICA  | All rights reserved | info@instamagica.com