By using MagicBlog you agree to our following Terms and Conditions.
These terms and conditions apply between you, the User of Services provided and MagicBlog, the owner of the Services and this Website. Your agreement to comply with and be bound by these terms and conditions and to grant any and all licences required is deemed to occur upon your acceptance of these terms and conditions prior to your first use of the Services.
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions, unless the context otherwiserequires, the following expressions have the following meanings: “Account”means collectively the personal information, payment information and credentialsused by Users to access the Services through the Web Site; “Agreement” meansthis binding agreement that shall come into effect between the User and MagicBlogfollowing the User’s acceptance of these terms and conditions and which shallincorporate these terms and conditions; “Client” means any organisation whochooses to implement MagicBlog within their organisation.; “Content” means anytext, graphics, images, audio, video, software, data compilations and any otherform of information capable of being stored in a computer that appears on orforms part of the Website; “Fees”means the sum of money paid by Users atmonthly or annual intervals to keep their Account active and to enable them toaccess the Services; "GDPR"means the EU General Data ProtectionRegulation; “Personal Data” means any information relating to an identifiableperson who can be directly or indirectly identified in particular by referenceto an identifier; “Services” means collectively the online facilities, tools,services or information that MagicBlog makes available through the Websiteeither now or in the future; “SubscriptionPeriod” means the period for which asubscription has been purchased by way of payment of Fees; “User / Users” meansany third party that accesses the Website and the Services that is not employedby MagicBlog and acting in the course oftheir employment; and “Website” meansthe website on which these terms andconditions appear (MagicBlog.ai) and anysub domains of that website accessed over any protocol, unless expresslyexcluded by these terms and conditions.
1. Unless the context otherwise requires, each reference inthese terms and conditions to:
2: “writing”, and any cognate expression, includes areference to any communication effected by electronic or facsimile transmissionor similar means;
3: a statute or a provisions of a statute is a referencetothat statute or provision as amended or re-enacted at the relevant time;
4: a Clause or paragraph is a reference to a Clause oftheseterms and conditions.
5: the headings and numbering used in these terms andconditions are for convenience only and shall have no effect upon theinterpretation of these terms and conditions.
6. Words imparting the singular number shall include theplural and vice versa.
2. PROVISION OF SERVICES
1. MagicBlog shall use its best and reasonable endeavours toprovide the Services on an error-free basis and without interruption.
2. Notwithstanding, MagicBlog does not provide any guaranteethat provision of the Services shall be error-free or without interruption andreserves the right to alter or suspend provision of the Services without priornotice to Users. By accepting these terms and conditions the User acknowledgesthat the Services may change in form or nature at any time.
3. MagicBlog shall have the right, exercisable at its solediscretion, to terminate provision of the Services without prior notice toUsers.
4. Notwithstanding MagicBlog’s right to perform any of theactions detailed in this Clause without prior notice, MagicBlog shall use itsbest and reasonable endeavours to provide such notice whenever possible.
3. ACCESS TO SERVICES
1. The User represents and warrants that they havetheauthority to enter into the Agreement, to use the Services, and to performanyand all acts as may be necessary under these terms and conditions.
2. If the User is unable to comply with the requirements ofClause 3.1 they shall be prohibited from using the Services and must not acceptthese terms and conditions.
3. In order to use the Services and to submit or createContent, Users are required to create an Account and to submit certain personaldetails. By accepting these terms and conditions the User represents andwarrants that:1. any information that is submitted is accurate andtruthful;
4. all such information will be kept accurate andup-to-date;
5. the means by which they identify themselves does notviolate any part of these terms and conditions or any applicable laws.
6. If the User has reason to believe that their Accountdetails have been obtained by another without consent, the User should contact MagicBlogimmediately to suspend their Account and cancel any unauthorised orders orpayments that may be pending. In the event that unauthorised use is made priorto the User notifying MagicBlog of the unauthorised nature of the order orpayment, MagicBlog will suspend access to the Services and the withdrawal ofany scheduled payments pending investigation.
Following investigation, it shall be determined whether ornot to cancel access to the Services and make a full or partial refund of thepayment to the User.
7. The terms of Clause 3.4 shall apply notwithstanding anyrelated provisions in Clause 16.
1. Fees commence when a user enters into a new subscription with MagicBlog, either before or after a trial. The User’s credit / debit card will be billed on activation and monthly/annually thereafter (depending on if User has monthly or annual subscription). One-off payments are charged at the time of payment.
2. The first payment will be at the price advertised on the Website. MagicBlog reserves the right to change Fees from time to time.
3. If a User cancels their Account, access to MagicBlog will terminate at the end of that paid period. No refunds will be available.
4. If a User’s payment fails to clear or is declined forwhatever reason then access to the service will be immediately suspended. Theservice will re-commence once a debit or credit card payment is successfullycompleted.
5. USE OF SERVICES
1. Users are permitted to use the Services only inaccordance with:
1. these terms and conditions; and
2. any relevant law, regulation or other applicableinstrument in their particular jurisdiction.
3. Subject to any express agreement to the contrary, Usersmay only access the Services through the normal means provided by MagicBlog.Users shall not attempt to download, convert, crawl or otherwisereverse-engineer any part of the Services.
4. The restrictions set out in Clause 5.3 shall not apply toContent submitted or created by a particular User where that User isdownloading their Content, using the service as intended.
5. Users may not engage in any conduct that may disruptprovision of the Services by MagicBlog.
6. Users may not reproduce, copy, duplicate, trade or resellthe Services.
7. Users’ rights to use the Services are non-exclusive,non-transferrable and fully revocable at MagicBlog’s discretion.
6. INTELLECTUAL PROPERTY
1. Subject to the exceptions in Clause 7 of these terms andconditions, all Content included on the Website, unless submitted or created byUsers, including, but not limited to, text, graphics, logos, icons,images,sound clips, video clips, data compilations, page layout, underlyingcode and software is the property of MagicBlog, our affiliates or otherrelevant third parties. By accepting these terms and conditions the Useracknowledges that such material is protected by applicable United Kingdom andInternational intellectual property and other laws.
2. Subject to Clause 9 Users may not reproduce, copy,distribute, store or in any other fashion re-use material from the Websiteunless otherwise indicated on the Website or unless given express writtenpermission to do so by MagicBlog.
7. THIRD PARTY INTELLECTUAL PROPERTY
1. Where expressly indicated, certain content, such asadvertising material, and the Intellectual Property Rights subsisting thereinbelongs to other parties. This Content, unless expressly stated to be so, isnot covered by any permission granted by Clause 6 of these Terms and Conditionsto use Content from the Web Site. The exceptions in Clause 9 continue to apply.Any such Content will be accompanied by a notice providing the contact detailsof the owner and any separate use policy that may be relevant.
8. USER CONTENT AND INTELLECTUAL PROPERTY
When using the Services to create Content, Users should doso in accordance with the following rules:
1. Users must not send Content that is unlawful orotherwiseobjectionable. This includes, but is not limited to, Content that is abusive,threatening, harassing, defamatory or fraudulent.
2. Users must not send Content that is intended to promoteor incite violence
3. Users must not submit Content that may contain viruses orany other software or instructions that may damage or disrupt other software,computer hardware or communications networks.
4. Users must not impersonate other people, particularlyemployees and representatives of MagicBlog or our affiliates.
5. Users must not use the Services for unauthorisedmass-communication such as “spam”.
6. Data subtitled must not contain anything that would bedeemed as a Special category of Data under GDPR, including but not limited torace or ethnic origin, political beliefs, trade union memberships, dataconcerning health or data concerning a natural person’s sex life or sexualorientation. MagicBlog has the right, but not the obligation to pre or post-screenContent sent or created by Users and may flag or filter any Content that itdeems inappropriate. If any Content is found to be in breach of these terms andconditions, MagicBlog reserves the right to remove it without notice and may,at its sole discretion, terminate the responsible User’s access to theServices. Users are solely responsible for any and all Content that they sendusing our Services. MagicBlog does not endorse, support, represent or otherwiseguarantee the accuracy or reliability of such Content. Subject to sub-Clause8.4, Users use the Services at their own risk By submitting or creating ContentUsers warrant and represent that they are the author of such Content and / orthat they have acquired all of the appropriate rights and / or permissions touse the Content in this fashion. MagicBlog accepts no responsibility orliability for any infringement of third party rights by such Content. Further,Users waive all moral rights in any and all Content that they submit or createto be named as its author. MagicBlog accepts no responsibility or liability forany infringement of third party rights by such Content. By accepting theseterms and conditions, the User grants a non-exclusive, worldwide, perpetuallicence to MagicBlog to copy, distribute, transmit, display, transmit andreformat all Content for the purpose of providing the Services. The Userrepresents and warrants that they have all necessary rights, power andauthority to grant the licence described in Clause8.7.
9. FAIR USE OF INTELLECTUAL PROPERTY
Content may be copied, transmitted, performed, adaptedorotherwise re-used without written permission where any of the exceptionsdetailed in the Copyright Designs and Patents Act 1988 or other relevantlegislation apply.
10. LINKS TO OTHER WEBSITES
This Website may provide links to other websites as part ofthe Services. Unless expressly stated, such websites are not under the controlof MagicBlog or that of our affiliates. MagicBlog assumes no responsibility forthe content of the websites and disclaims liability for any and all forms ofloss or damage arising out of the use of them. The inclusion of a link toanother website on this Website does not imply any endorsement of that websiteor of those in control of it.
11. PRIVACY AND DATA PROTECTION
1. For the purposes of understanding roles in regard to theGeneral Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) - MagicBlogis defined as the Data Processor and the Client is the Data Controller.
3. The Client, as Data Controller, appoints MagicBlog as aProcessor to process the Personal Data as described on the Client’s behalf.
4. MagicBlog will only process the Personal Data to providethe Services or otherwise to comply with applicable laws or regulatoryrequirement.
5. MagicBlog will ensure that any person with access to or processing the Personal Data is subject to a duty of confidence,
6. MagicBlog will take appropriate technical andorganisational security measures to ensure the security of processing andprotect the Personal Data from accidental or unlawful destruction, loss,alteration, unauthorised access or disclosure or unlawful processing. TheClient authorises MagicBlog to appoint sub-processors as they deemappropriateor necessary for the provision of the Services.
7. MagicBlog will assist the Client in providing subjectaccess and allowing data subjects to exercise their rights under the GDPR.
MagicBlog will assist the Client in meeting its GDPRobligations in relation to the security of processing, the notification ofpersonal data breaches and data protection impact assessments.
9. MagicBlog will provide mechanisms for the Client todownload all Personal Data at any time, to delete the record of a single DataSubject, and to delete all Personal Data at the end of the contract.
10. The Client may exercise their right of Audit under GDPR legislation through MagicBlog providing an audit report not older than 18 months prepared by an independent external auditor demonstrating MagicBlog’s technical and organisational measures are sufficient to meet the obligations ofa Data Processor under GDPR.
11. MagicBlog will submit to Client audits and inspections, provided the Client pays an applicable audit fee in full, and in advance of the commencement of such audit.
12. MagicBlog will immediately inform the Client if it is asked to do something infringing the GDPR or other data protection law of theEU or a member state.
13. Nothing within this contract relieves MagicBlog of its own direct responsibilities and liabilities under the GDPR.