WELCOME TO MAGICMIGRATION WHICH IS OWNED AND OPERATED BY ANGRYPANCAKES LLC. (“MAGICMIGRATION”, “WE”, “US” or “OUR”). PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THESE “TERMS”) CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, PURCHASING SERVICES OR CLICKING AT THE TIME OF YOUR REGISTRATION FOR THE SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH MAGICMIGRATION AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by us, acceptance is expressly limited to these Terms.
In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to MagicMigration, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to MagicMigration.
You are responsible for safeguarding the password that you use to access the Services. When you register for the Services, you should use a strong password, including a combination of upper and lower case letters.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users over the age of 13 (or 16 in the European Union) years of age or older. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union). Use of our Services requires a MagicMigration.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
You acknowledge that all right, title and interest in and to MagicMigration Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with MagicMigration or its third party licensors.
Prohibited Uses. When using MagicMigration, you agree not to:
Payment, Renewal and Refunds. MagicMigration offers different levels of service. By purchasing or signing up for a particular level of service, you agree to pay MagicMigration the applicable fees or subscription fees. Services may include overage charges if certain criteria are met (e.g., your plan's data transfer limit is exceeded) which will result in additional fees being charged to you. Unless you notify us before the end of your subscription period (if applicable) that you no longer wish to run MagicMigration, your subscription will renew automatically. If we change pricing for a service to which you're subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. We offer refunds if we are unable to provide the service purchased. Refunded amounts may be reduced by the amount of processing fees withheld by our payment processor (eg. we may withhold 2.9% + 30 cents from the refunded amount). See our Refund Policy for more information. Payment failures will result in the cancellation of your MagicMigration plan or service.
This Agreement will be governed by the laws of the State of Oklahoma. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Oklahoma and you agree to personal jurisdiction by the state and federal courts sitting in Oklahoma City, Oklahoma. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content containing technical inaccuracies, typographical mistakes, and other errors. MagicMigration disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MagicMigration.com links, and that link to MagicMigration.com. MagicMigration does not have any control over those non-MagicMigration.com websites, and is not responsible for their contents or their use. By linking to a non-MagicMigration.com website, MagicMigration does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MagicMigration disclaims any responsibility for any harm resulting from your use of non-MagicMigration.com websites and webpages.
This Agreement does not transfer from MagicMigration to you any MagicMigration or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with MagicMigration. MagicMigration, MagicMigration.com, Magic Migration, the MagicMigration.com logo, and all other trademarks, service marks, graphics and logos used in connection with MagicMigration.com or our Services, are trademarks or registered trademarks of MagicMigration or MagicMigration's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any MagicMigration or third-party trademarks.
Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use MagicMigration Materials or Content for any commercial purpose; (b) distribute, publicly perform or public display of any MagicMigration Materials; (c) modify or otherwise make any derivative uses of MagicMigration Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of MagicMigration Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer MagicMigration Materials, translate MagicMigration Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying MagicMigration Materials or reduce MagicMigration Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within MagicMigration Materials; or (h) use MagicMigration Materials other than for their intended purpose. Any use of MagicMigration Materials other than as specifically authorized herein, without the prior written permission of MagicMigration, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will provide notice before the changes take effect. Such notice may be provided by sending an e-mail, by posting a notice on the Site, by posting the revised Terms on the Site and revising the date at the top of these Terms or by such other form of notice as determined by MagicMigration. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including any binding individual arbitration clause) that were in place when the dispute arose.
MagicMigration may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MagicMigration.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MAGICMIGRATION, THE SERVICES AND MAGICMIGRATION MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAGICMIGRATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (B) THAT MAGICMIGRATION MATERIALS IN THE SERVICES OR ANY USER CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT; (C) THAT THE SERVICES WILL OPERATE; WILL OPERATE WITHOUT DOWNTIME, INTERRUPTION, DELAY OR ERROR; OR (D) THAT THE SERVICES OR MAGICMIGRATION’S SERVERS ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Oklahoma, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oklahoma County, Oklahoma.
IN NO EVENT WILL MAGICMIGRATION, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE USER CONTENT OR MAGICMIGRATION MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MAGICMIGRATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DATA OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MAGICMIGRATION’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAGICMIGRATION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED THE GREATER OF COMPENSATION YOU PAY, IF ANY, TO MAGICMIGRATION FOR ACCESS TO OR USE OF THE SERVICES OR USD $100.00.
MAGICMIGRATION IS NOT LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU MAY HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You represent and warrant that your use of our Services:
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and MagicMigration reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless MagicMigration, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between MagicMigration and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MagicMigration, or by the posting by MagicMigration of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MagicMigration may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Notwithstanding any terms to the contrary in these Terms, MagicMigration may choose to electronically deliver all communications with you, which may include: (a) e-mail to your e-mail address indicated in your communications with MagicMigration or upon registration for the Services; or (b) posting messages that are displayed to you when you log in to or access the Services. MagicMigration’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with MagicMigration, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such e-mail.