Terms of Use

1.  Legal Agreement

2.  Introduction

3.  Community Use

4.  Privacy

5.  Restrictions on Use of Content

6.  International Users

7.  Operation of Site

8.  Disclaimers; No Warranties

9.  Limitation of Liability

10. Proprietary Rights

11. Miscellaneous

12. Term

13. Amendments

14. Digital Millennium Copyright Act

The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to Magicblox's website (the "Site"), and constitute a binding, legal agreement ("Agreement") between you and Magicblox LLC. ("Magicblox"). We encourage you to print and keep a copy of this Agreement for reference.

Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.

Magicblox is a library that gives parents and children access to great books at an affordable price and independent authors a means to distribute their work and be seen by the world. We provide a service to enable Users to publish, and other people to purchase, access to digital content in on-line, eBook, or other electronic formats. Digital content ("Content") may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials. 

If you would like to participate in Magicblox forums and groups, or to publish or purchase Content, you must become a Magicblox member by registering and by agreeing to the terms of Magicblox’s Member Agreement.

As a User, you agree not to use the Site to:

• Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harm minors, or anyone else, in any way;
• Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
• Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
• Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;
• Impersonate another person or entity or to forge any e-mail communication or message; or
• Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
• In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.

Magicblox reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects site operations. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.

In general, Magicblox collects information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number (collectively "Personal Data") only when you register with Magicblox and when you use Magicblox services. However, some data is collected on all visitors to the Site, and the Site uses cookies for the purpose of managing your access to the Site and delivering services to you. Information on Magicblox’s collection and use of data about users, and our contact information regarding privacy issues, is contained in Magicblox’s Privacy Pledge.

If you use Content or other materials from the Site, you agree to the following restrictions with respect to such materials and the information contained therein:

• You may not print or download any Content from the Site;
• Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative works from the Content is not permissible;
• The Content owners who publish their Content to Magicblox retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party except as may be expressly allowed in the terms under which the Content is provided to you; and
• You will not remove or obscure any proprietary rights notices contained in or on the Content.

Magicblox makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and payment of any local taxes that may be payable in connection with any purchase from the Site.

Technical, maintenance and other issues may make the Site unavailable from time to time. MAGICBLOX MAKES NO COMMITMENT, WARRANTY OR GUARANTEE THAT THE SITE WILL OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET USERS’ PURPOSES. Magicblox may in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.

EVERYTHING ON MAGICBLOX'S SITE AND EVERYTHING SOLD VIA THE SITE, INCLUDING ALL SOFTWARE, SERVICES, INFORMATION, MATERIALS, FORUMS, TOOLS AND CONTENT IS OFFERED BY MAGICBLOX AND ITS THIRD-PARTY LICENSORS AND CONTENT PROVIDERS ON AN "AS-IS," "AS-AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE PRIOR STATEMENT, MAGICBLOX DOES NOT VOUCH FOR THE QUALITY, ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT OR INFORMATION SOLD OR PROVIDED THROUGH THE SITE.

REGARDING DOWNLOADS, MAGICBLOX DOES NOT REPRESENT OR WARRANT THAT VIEWING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT ANY SUCH VIEWING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. MAGICBLOX WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.

IN NO EVENT SHALL MAGICBLOX OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS OR THIRD-PARTY LICENSORS AND CONTENT PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, COVER, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, OR LOST BUSINESS) DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF THE SITE, CONTENT ON OR SOLD THROUGH THE SITE, OR ANY TRANSACTION ENTERED HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF Magicblox OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE LIABILITY OF MAGICBLOX, ITS OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH ANY TRANSACTION ENTERED INTO THROUGH OR IN CONNECTION WITH THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO MAGICBLOX IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH CLAIM. ANY ACTION UNDER THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION OCCURS.

The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Magicblox, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Magicblox in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.

Magicblox is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties, which is owned by the licensors of such Content. Magicblox owns the design, format and layout of the Site. Magicblox authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights that may be contained in such materials. Any and all other uses of the Content or other materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with such materials. In other words, your authorization from Magicblox does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Magicblox grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, or in any intellectual property rights protecting such materials and subject matter. FOR AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE FOREGOING, YOU HAVE NO RIGHT TO POST, MAKE AVAILABLE TO OTHERS, OR OTHERWISE DISTRIBUTE IN ANY FORMAT ANY ELECTRONIC MATERIALS DOWNLOADED OR VIEWED FROM THE SITE OR ANY DERIVATIVE WORKS OF SUCH MATERIALS.

The Magicblox logo and the names of all Magicblox products and/or services as posted on the Site are either trademarks and/or service marks or registered trademarks and/or service marks of Magicblox.

This Agreement is binding. It cannot be changed, except as provided in the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

Every term of this Agreement is intended to be severable. If any term of this Agreement is found to be invalid or unenforceable, then such term will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the term will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

Magicblox’s headquarters and principal operations, including control and supervision of the Site, are based in San Bruno, California. This Agreement is governed by the laws of the State of California, without regard to its "choice of law" or “conflict of laws” provisions that would apply the laws of another jurisdiction. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be San Bruno, California. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.

Except for delay in payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Magicblox and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.

This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.

References to business “partners” in connection with Magicblox’s operations refer to organizations with which Magicblox has business relationships and do not imply formal legal partnerships.

This Agreement is effective until terminated. Magicblox may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may effectively terminate this Agreement by ceasing to use the Site. All provisions of this Agreement relating to disclaimers, limitations of liability, and proprietary rights shall survive termination.

Magicblox may change the terms in this Agreement from time to time. When the terms are changed, Magicblox will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Magicblox and discontinue your use of the Site. If you use the Site after Magicblox has posted a change to these terms on the Site, you are agreeing to be bound by that change.

If you believe that any material contained in this Site infringes your copyright, you should notify Magicblox of your copyright infringement claim in accordance with the following procedure.

Magicblox will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

• A physical or electronic signature of you as owner or as a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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 Magicblox to locate the material;
• Information reasonably sufficient to permit Magicblox to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have 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;
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to legal@Magicblox.com for purposes other than communication about copyright claims may not be acknowledged or responded to.