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Account Terms
1. You must be 18 years or older to use our Services.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the access or signup processes.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. You are responsible for maintaining the security of your account and password. Voodoo, LLC, cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account login or password (even when Content is posted by others who have accounts under your account).
7. If you are using a trial account you must follow all rules and regulations in the licensing agreement you signed.
8. One person or legal entity may not maintain more than one trial account.
9. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
API Terms
In some cases, customers may access their Voodoo, LLC, account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses our servers, is bound by the terms of this agreement plus the following specific terms:
1. You expressly understand and agree that Voodoo, LLC, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Voodoo, LLC, has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to Voodoo, LLC, via the API may result in the temporary or permanent suspension of your account's access to the API. Voodoo, LLC, in its sole discretion, will determine abuse or excessive usage of the API. Voodoo, LLC, will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Voodoo, LLC, reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card will be required to set up Voodoo accounts.
2. You will be billed according to the terms of your customized account agreement..
4. The Services will be billed in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. For any upgrade or downgrade in services, and client-requested additional and changes, you shall be responsible for those charges with terms net 30.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Voodoo, LLC, does not accept any liability for such loss.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by sending an email to support@voodooviral.com.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Voodoo, LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Voodoo, LLC, service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Voodoo, LLC, reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Voodoo, LLC, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan usage fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by notification via the email address specified in your service agreement. Voodoo, LLC, will honor prices specified in your service agreement for the entire term of that agreement.
3. Voodoo, LLC, shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Copyright and Content Ownership
1. We claim no intellectual property rights over material you provide to the Services. Material we write, film, encode and upload on your behalf remains the property of Voodoo, LLC. However, by allowing your website and Magic Systems pages to be shared publicly, you agree to allow others to view and share your Content.
2. Voodoo, LLC, may not, in limited cases, pre-screen Content, but Voodoo, LLC, and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services.
3. The look and feel of the Services are copyright ©2006-2007 Voodoo, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS/ASP or visual design elements without express written permission from Voodoo, LLC.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via email and limited phone support.
3. You understand that Voodoo, LLC, uses third party vendors and hosting partners to provide certain necessary hardware, software, networking, storage, and related technology required to run the Services.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Services, Voodoo, LLC, or any other Voodoo, LLC, service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Voodoo, LLC,.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Voodoo, LLC, customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds the amount allotted in your service and usage agreement, or significantly exceeds the average bandwidth usage (as determined solely by Voodoo, LLC,) of other Voodoo, LLC, customers, you will be liable for additional hosting fees based on the terms of your agreement. If payment for additional hosting fees is not received on time, we reserve the right to immediately disable your account or throttle your file hosting until such fees are paid.
12. Voodoo, LLC, does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Voodoo, LLC, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Voodoo, LLC, has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of Voodoo, LLC, to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Voodoo, LLC, except as otherwise noted, and governs your use of the Service.
15. Questions about the Terms of Service should be sent to support@voodooviral.com. |
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General
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