USING ANY PART OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DON'T AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE.

Reporting a Violation or Asking a Question

Contact our customer service department if you need to report a Terms Of Service violation or ask a question about the TERMS OF SERVICE.

Definitions

1. "TERMS OF SERVICE" refers to all terms contained in this agreement as well as this site's privacy policy and all other guidelines posted anywhere on Score Magic.
2. “TERMS OF SERVICE” is used interchangeably with “TOS” throughout this document.
3. The words "you" and "your" mean the user who is reading this agreement.
4. The words "we" and "us" refer to Score Magic.
5. “Using" Score Magic refers to accessing, crawling, scraping, browsing, or performing any other activities that connect to or make use of Score Magic in any manner.
6. The word "content" refers to any form of media or data, including but not limited to text, photos, graphics, audio, and video.

• All content submitted to Score Magic or made available by users is referred to collectively as "user content."
• All content that you submit or make available, including but not limited to reviews, ratings, compliments, information, and invitations displayed as part of your profile is referred to as "your content."
• All content created or made available by data providers who license data to Score Magic for use on the site, or other parties other than Score Magic or its users is referred to as "third party content."
• All content created or made available by Score Magic is referred to as "Score Magic content."
• All types of content mentioned above are referred to collectively as "site content."

Eligibility

You must be at least 18 years old and a United States resident to use this site. If you use Score Magic or post content to it for any business or commercial entity, you must be an authorized representative of that entity and you agree to bind that entity to these TOS. If you do not meet these user eligibility requirements or if you do not have the authority to bind your company to these TOS, you may not use this site.

Permission to Use

Score Magic grants you permission to use our site under the restrictions described in these TOS. You may at times be exposed to indecent, offensive, inaccurate, objectionable, and/or content that is otherwise inappropriate. We do not vouch for the accuracy of such content, and we do not endorse or encourage it.

Restrictions

You agree that you will not directly or indirectly encourage or participate in any of these activities:

1. Identify passwords or security encryption codes by using the site, disrupting security, or causing harm to the site or its content.
2. Use Score Magic to submit, display, or transmit illegal or pornographic content.
3. Exploit the site or site content (other than your content) through modification, adaptation, reproduction, distribution, translation, trade, sale, or creation of derivative works or adaptations of site content or the site itself.
4. Attempt to gain unauthorized access to any part of the site, including user accounts, computer systems, or networks connected to the site, using password mining, hacking, or any other illegal or unethical methods.
5. Violate these TOS or any applicable laws.
6. Omit or alter any part of Score Magic's copyright, trademark, or other proprietary rights notices on anything you print, copy, or distribute from the site.
7. Stalk, defraud, threaten, harass, or otherwise harm any other person while using the site.
8. Reverse engineer any part of the site, except as permitted by law.
9. Data mine, process, or record any data about Score Magic or its users.
10. Circumvent, remove, disable, damage, or interfere in any way with any of Score Magic's security features that limit site use or prevent unauthorized copying of site content.
11. Use Score Magic in any way that violates the rights of other users or third parties. This includes any and all rights, proprietary or intellectual, including but not limited to confidence, moral, patent, copyright, privacy, trademark, trade secret, and publicity.
12. Use Score Magic or site content to transmit destructive items such as viruses, worms, or Trojan horses (collectively, "viruses").
13. Affect natural search results in any way through your use of Score Magic, for example, by keyword spamming.
14. Use Score Magic for commercial or promotional purposes not expressly allowed by our TOS.
15. Use Score Magic to solicit information from minors, or in a way that might cause harm to minors.
16. Use any software or devices to interfere with the proper working order of the site.
17. Use Score Magic in any way that might create a conflict of interest or the appearance of a conflict of interest, for example, soliciting reviews or trading reviews with other businesses.
18. Access, scrape, or index this site or its content using any automated device, spider, site search/retrieval application, robot, or process as a means to (a) frame or reformat any part of Score Magic, (b) build, develop, or populate a database of business-focused reviews, or (c) take any action that will impose, or, in the site's opinion, may possibly impose an unreasonable load on our systems.

User Accounts

To access certain features of Score Magic, you may need to log in using a Facebook account. You will have to create a Facebook account to access these features if you do not already have one. You agree to keep your account password secure, and you accept responsibility for any activity associated with your account. You agree to notify us immediately if you know or suspect that someone other than you is using your account.

• "Personal Accounts" are accounts that you use for your own personal, non-commercial purposes. To ensure your credibility as a site contributor, you agree to provide accurate and complete information about yourself when creating your personal account. You may not create multiple personal accounts or provide another person's e-mail address or impersonate another person in any way.
• "Business Accounts" are accounts that you use solely for representing a business. To create an account for your business, you must be an authorized representative of the business, and you must register using a Facebook account. You agree to submit accurate and complete information about yourself and the business when creating your business account. You may not create more than one business account for the same organization or register business e-mail addresses that you do not have permission to register.

Responsibility for Content

Your content is solely your responsibility. Score Magic bears no liability for your content. You assume any and all risks associated with your content, including but not limited to reliance on accuracy, completeness, or usefulness and disclosures that reveal your identity. You may not imply in any way that your content is endorsed or sponsored by Score Magic. Upon posting content on Score Magic, you represent that you own the posted content or you have permission to use it and to authorize its use for any other purpose.

You may be exposed to liability if (a) your content violates any third-party right, including but not limited to rights involving copyright, patent, trademark, privacy right, publicity right, trade secret, moral right, or any other right, intellectual or proprietary; or (b) your content contains information that is false or intentionally misleading, defamatory information, information containing pornography or hate speech, information that harms or exploits minors, unlawful information, or information that violates or encourages others to violate laws or regulations.

Content Permissions

You agree that your content may be displayed on Score Magic, incorporated into other works, used for promotion, used to create derivative works, distributed, or used for any other lawful purpose. Others may also do the same in connection with their own websites or media platforms ("other media"). By posting your content or otherwise making it available, you grant irrevocable permission to use your content for any purpose and you consent to waive any moral rights, attribution claims, and assertions for your content. You also agree to grant access to your content to Score Magic and users of other media in connection with their use of the site and any other media.

Content Uses

Rights or entitlements to compensation for advertisements that run with your content or anywhere else on the site belong to the site and not to you. Score Magic may change advertising mode, manner, and extent without notice.

We may remove or reinstate user content at any time and for any reason at our discretion. Specifically, we may remove content that is determined to violate our TOS or that we believe to be inappropriate.

To help distribute content widely and easily, some of the site content (also "feed content") is made available through Atom feeds and Real Simple Syndication (RSS) (collectively, "feeds"). Users may access feeds to display feed content on their websites, computers, handheld devices, or anywhere else provided that (a) such use is personal and not commercial, (b) displayed feeds link back to relevant pages on the site and attribute Score Magic as the source, (c) you do not suggest through use or display of Feed Content that Score Magic endorses or promotes any third-party causes, products, ideas, websites, or services, (d) you do not redistribute the feed content, and (e) Score Magic's systems are not overburdened by your accessing the feeds. We reserve the right to terminate access to any feed at any time and for any reason.

Unauthorized Access

We strictly and expressly forbid unauthorized access to Score Magic. We reserve the right to use any means necessary to prevent unauthorized access, including but not limited to mapping IP addresses, contacting your Internet Service Provider (ISP), and using technological or programmatic obstructions.

Investigations

Score Magic is under no obligation to monitor the site or its Content. However, if we believe a possible TOS violation has occurred, we reserve the right to investigate, contact appropriate law enforcement personnel as necessary, and/or block you from the site. In compliance with the Privacy Policy listed on this page, information may be prudently disclosed, including some or all of your content.

Third Parties

1. Some of Score Magic's features are powered by Google, Inc. Use of these features is governed by our Terms of Use and Google.com's Terms of Use, which reside at http://maps.google.com/help/terms_maps. Other features are powered by The Microsoft Corporation. These features are governed by their terms of use, located at http://go.microsoft.com/fwlink/?LinkId=21969. Microsoft Corporation's privacy policy is located here: http://go.microsoft.com/fwlink/?LinkId21970. These URLs might have been changed.
2. You may see links to other websites ("third party sites"). Responsibility for third party content lies with third party sites and not with Score Magic. Third party sites are not endorsed or controlled by Score Magic.

Site Availability

We may change, update, or discontinue Score Magic at any time, for any reason, at our discretion, without notice or liability.

Terminating Your Account

We may, for any or no reason and at any time, terminate or suspend your account or ability to use the site without notice or liability. For example, if we suspect that you are involved in illegal activity or you are found to be in breach of these TOS, we may terminate or suspend your account. If your account is terminated or suspended, you may be prevented from accessing your account, your content, the site content, and/or any related data.

Ownership

Score Magic CONTENT ELEMENTS INCLUDE INTERACTIVE FEATURES, COMPUTER CODE, PRODUCTS, COMPILATIONS, VISUAL INTERFACES, GRAPHICS, DESIGNS, SOFTWARE, AGGREGATE USER REVIEWS AND RATINGS, AND ALL OTHER ELEMENTS OF Score Magic, INCLUDING USER AND THIRD-PARTY CONTENT. THESE ELEMENTS ARE OWNED BY Score Magic. CHANGING, DISTRIBUTING, REPRODUCING, PUBLICLY DISPLAYING, CREATING DERIVATIVE WORKS OR ADAPTATIONS, OR EXPLOITING THE Score Magic CONTENT, IN WHOLE OR IN PART, IS PROHIBITED UNLESS EXPRESSLY AUTHORIZED BY THE SITE. NO EXPRESS OR IMPLIED RIGHTS ARE PROVIDED TO USERS, OTHER THAN THOSE PROVIDED BY THESE TOS. WE RETAIN ALL RIGHTS IN AND TO Score Magic AND ALL SITE CONTENT. ALSO, ALL COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE NAMES, AND INTELLECTUAL AND PROPRIETARY RIGHTS THROUGHOUT THE WORLD ("IP RIGHTS") THAT ARE ASSOCIATED WITH Score Magic IN ANY WAY, WHETHER WITH ITS CONTENT OR WITH THE SITE ITSELF, ARE ALSO OWNED BY THE SITE, EXCEPT WHERE OTHERWISE NOTED. THESE IP RIGHTS ARE PROTECTED BY TRADEMARK, PATENT, AND TRADE DRESS LAWS, AND ALL APPLICABLE INTELLECTUAL AND PROPRIETARY RIGHTS AND LAWS.

Feedback

• Complaints. To help us continually improve your user experience, we invite you to share negative feedback with us by using our Contact Us page. However, terminating your account and discontinuing your use of the site is the only way to fully resolve your complaints.
• Site Improvements or Suggestions. We want your feedback! If you have recommendations for improving Score Magic or your experience with the site, use our Contact Us form. By sending us "Feedback" in the form of suggestions, ideas, requests, or proposals, you certify that (a) similar Feedback may already be in development or under consideration, (b) with respect to provided Feedback, Score Magic is under no express or implied obligation of confidentiality, (c) your feedback does not contain confidential or proprietary information regarding third parties, and (d) you grant Score Magic an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the Feedback and all improvements resulting from it.

Indemnity Users agree that they will indemnify and hold harmless Score Magic and all of its parents, subsidiaries, related companies, licensors, partners, affiliates, and suppliers, as well as the officers, employees, agents, directors, and representatives of each of these entities. The terms of this indemnification (hold-harmless) agreement include but are not limited to costs, liabilities, and legal fees from any demand or claim made by a third-party arising from (a) your TOS violation, (b) your access to or use of Score Magic, or (c) any infringement by you or a person using your account of any property, intellectual, or other right of any person or entity. You consent to cooperate with claims as Score Magic, at your expense, reserves the right to assume exclusive defense and control of any matter in which you are required to indemnify us. Unless you have written consent from Score Magic, you may not settle any matter. We will make reasonable efforts to make you aware of any claim, action, or proceeding.

 

WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

1. Score Magic DISCLAIMS ALL LIABILITY FOR ANY (1) DAMAGES, BE THEY RELIANCE, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT, (2) PROFIT LOSS, (3) DAMAGE TO OR LOSS OF REPUTATION OF Score Magic OR ANY THIRD PARTY, (4) INTERRUPTION OF BUSINESS, OR (5) INFORMATION OR DATA LOSS.
2. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON THE LENGTH OF A WARRANTY. IN THIS CASE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FULLY, BUT THEY WILL APPLY TO YOU TO THE FULLEST EXTENT OF THE LAW.
3. LIMITED TO THE GREATER OF (1) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH Score Magic IN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (2) U.S. $100.00.
4. ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY Score Magic. USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ANY RESULTING LOSS OR DAMAGE IS SOLELY YOUR RESPONSIBILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM VIRUSES THAT YOU MAY DOWNLOAD DURING YOUR USE OF THE SITE.
5. ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE IS DISCLAIMED BY Score Magic. ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY Score Magic; HOWEVER, Score Magic RESERVES THE RIGHT TO MONITOR ANY DISPUTES.
6. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY Score Magic AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (3) ANY SERVICES AND/OR PRODUCTS SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON Score Magic AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN "AS IS" BASIS. Score Magic DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WARRANTIES. ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, THAT IS OBTAINED FROM Score Magic SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

MISCELLANEOUS

1. The TOS contain the entire agreement between you and Score Magic for all instances and types of Site use.
2. If any provisions in these TOS are found to be illegal or unenforceable, those provisions will be eliminated or limited to the minimum extent required to make them legal and enforceable.
3. This agreement supersedes all other prior agreements between you and Score Magic.
4. Section titles within the TOS are listed for convenience only; they have no contractual or legal effect.
5. Both parties herein acknowledge that no reliance is placed on any direct or indirect representation contained in these TOS.
6. You may not assign, transfer, or sub-license these TOS without Score Magic's written agreement. Any assignment made in violation of these TOS will be void. Score Magic reserves the right to assign or transfer the TOS without restriction.
7. These TOS may not be interpreted as authorization of agency, joint venture, partnership, or employment; they do not give you authority to bind Score Magic in any manner.
8. Score Magic reserves the right to make necessary changes to these TOS. We will notify you of any such changes by posting the revised TOS on this page with a list of changes. Notifications may also be provided to you through e-mail or regular mail, but this is not required. You agree to periodically revisit this page to read all changes. All changes are in effect as of the moment they are posted on this page. All future changes are binding to you through use of this site. By continuing to use Score Magic after we change the TOS, you indicate agreement with all changes.
9. You agree that the State of California will govern any dispute regarding or involving Score Magic without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in San Francisco county, California state, and United States federal courts.
10. Either party's failure to exercise any right provided herein will not result in the providing of a waiver.
11. These TOS give no rights or remedies to any third parties unless expressly noted.