Big Magic, Inc. (hereinafter “Big Magic”, “SRL Group”, “Stop Referral Leakage”, “we” or “us”) is the owner and operator of SRL Group Call Tracking services, upon which it runs a call tracking software platform.
Big Magic call tracking services comprise of one or more of the following: a web-based interface phone and SMS communication service for measuring marketing campaigns, improving customer service, and improving sales performance. Our application offers call tracking, SMS communication, call routing, call recording, call classification, call transcriptions, specific information about the caller, advertising channel information for incoming phone calls, as well as software maintenance and upgrades and customer support, that enable you to track the performance of your advertising campaigns (“Products” and “Services”).
We collect information on the callers that call you through the phone numbers that you have purchased through Big Magic (or numbers you have requested be ported into Big Magic from another provider). This information includes the caller’s phone number, the name displayed on the Caller ID (when available), audio recordings, call records, transcriptions, SMS records, SMS message content, form submission content, website visitor activity, and other data that may be correlated through your company’s data sources (for example, CRM data, when such permission is granted), personal data sources (social contacts, email inboxes, etc, when such permission is granted), and third party data services (collectively, “Service Data”). You agree that we and the service providers that we utilize to assist in providing the Service to you shall have the right to access your account and to use, modify, reproduce, distribute, display and disclose Service Data to the extent necessary to develop, enhance, and provide the Service, including, without limitation, in response to your support requests.
These Terms of Use apply to your use of the Site, located at https://srlgroup.co/terms and also shall apply to the web application located at https://srl.callreports.com. The Site contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about Big Magic and its Products and Services, “Content”).
The Site is intended for use only by users who are at least 18 years of age.
PLEASE NOTE: Your access to and use of this Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Only entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law are permitted to use the Site and/or establish a Site account where applicable. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Site or any information or Content contained on this Site. Your access to and use of this Site constitutes your acceptance of and agreement to abide by these Terms of Use. These Terms of Use may be changed, modified, supplemented or updated by us from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Site after such changes are posted. Unless otherwise indicated, any new Content added to this Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Site and these Terms of Use periodically for updates and changes.
Please contact us as indicated in the “How to Contact Us” section below if you have any questions or would like additional information regarding these Terms of Use.
Fees and Payments
By selecting a paid service, you agree to pay Big Magic the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. You agree to allow Big Magic, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Products and Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and any service providers for all collection costs and interest for any overdue amounts. Service fees are refundable only within the first 30 days of service.
If Customer pays for the Services by credit card or charge card, Customer permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card, charge card or other payment method) against these payments for any reason whatsoever against Big Magic. If for any reason Big Magic is unable to charge your Account or other payment method for the full amount owed for the Services provided, or if Big Magic receives notification of a chargeback, reversal, payment dispute or is charged a penalty for any fee it previously charged to your Account or other payment method, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any your Services (including domain names). We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for (i) additional tasks we may perform outside the normal scope of the Services; (ii) additional time and/or costs we may incur in providing the Services, and/or (iii) your noncompliance with this Agreement (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) recouping any and all costs and fees, including the cost of Services, incurred by Big Magic as the results of chargebacks or other payment disputes brought by you, your bank or other payment method processor. These administrative fees or processing fees will be billed to the Account or other payment method you have on file with Big Magic.
Overage fees, including additional phone numbers and minutes not included in the chosen plan, are not refundable under any circumstances. Additional minutes are calculated by rounding each call up to the nearest minute and then summing the minutes. We exclude calls identified as spam. If a call was not identified before the billing date and an invoice needs to be adjusted, please contact our support team.
In some cases, Big Magic may incur additional fees related to porting your phone numbers into or out of Big Magic. Certain geographies (including but not limited to Alaska and the Canadian Yukon Territories) also incur additional costs for forwarding calls. Big Magic reserves the right to pass these carrier-imposed costs on to you, and you agree to pay such costs.
Big Magic can only accept payment methods issued by banks with a presence in countries in which we offer phone numbers for service. Registering for service with a payment method drawn against other banks is a violation of these terms.
Call Recording
Big Magic makes available technology that offers its clients the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, Big Magic will, at your discretion, create a digital audio recording of the telephone call. The laws regarding the notice and notification requirements of such recorded conversations vary by jurisdiction. You are responsible for applying the local laws in the relevant jurisdiction when using this feature. Big Magic provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that:
You authorize Big Magic to make incoming call recordings on your behalf.
You either:
You must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by Big Magic; and
Big Magic shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.
Voicemail Services
Big Magic provides optional voicemail services, which may include premium transcription services. Note: transcription services (below) are NOT HIPAA compliant. In order to provide transcription services, Big Magic may leverage third-party transcription providers. If you wish to opt-out of voicemail transcription services, please contact our support team.
Call Transcriptions
Big Magic makes available technology that offers its clients the ability to transcribe the conversation on incoming telephone calls and voicemail messages (if customer requests). When a calling party initiates a call to a tracking phone number, Big Magic will, at your discretion, create a digital audio recording of the telephone call, transcribe the call (potentially using a third-party provider) and display the transcription to the customer. You acknowledge that the call transcription service is not HIPAA compliant.
Acceptable Use Policy
This Acceptable Use Policy describes actions that Big Magic prohibits when you use the Services. By using Big Magic’s Services, you consent to this Acceptable Use policy. If you do not agree to comply with this policy, please do not use the Services. We may in our sole discretion determine whether you are in violation of this Acceptable Use Policy. Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited. You accept that the Services are provided for professional use only, and you agree that your use of the Site or Services shall not include any of the following which shall be collective defined as (“Misuse”).
Big Magic expressly disclaims any liability for your Misuse of the Services. Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your account, as well as civil and/or criminal liability. We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to our Site.
Limited License and Site Access; All Rights Reserved
We hereby grant you a limited, non-exclusive and revocable license to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Big Magic. This license does not include any resale or commercial use of this Site or the Content; any collection and use of any pages; any derivative use of this Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Big Magic. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Big Magic without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Big Magic or any third party’s name(s) or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Site and any Content, features and services offered on this Site, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Big Magic.
Copyright
Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of Big Magic, its users or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Big Magic and is protected by U.S. and international copyright laws.
You may download information from this Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Big Magic or any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by Big Magic. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. Big Magic does not warrant or represent that your use of Content or any other materials displayed on this Site will not infringe rights of third parties. If you believe that any Content on this Site violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at Big Magic Inc., 211 Warren Street, Newark, NJ 07103; 888-274-2018 with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Big Magic, Big Magic.io, SRLGroup.co, Stop Referral Leakage, and all other trademarks, service marks, graphics and logos used in connection with Big Magic.io, or the Site are trademarks or registered trademarks of Big Magic or Big Magic’s licensors. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Big Magic. All other trademarks, service marks, trade dress, names of Products and Services, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of their owners.
Ownership of information submitted via this Site
With the exception of any personal information you submit (which shall be maintained in accordance with our Privacy Statement and Notice of Privacy Practices), any information you transmit to us via this Site, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Big Magic. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Big Magic shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to use via this Site or by any other means for any purpose whatsoever. When you submit any material or information protected by intellectual property rights (e.g., photos, videos, articles, etc.) to the Site, you represent, warrant and covenant to Big Magic that you have the necessary rights to copy and display such information. Furthermore, you covenant and specifically grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the Site. This license ends when you delete such content or your account unless your content has been shared with others and they have not deleted it.
Prohibited Use
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by us to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is prohibited.
Big Magic reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Big Magic may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, Big Magic reserves the right at all times to disclose any information as Big Magic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Right to Monitor
Big Magic neither actively monitors general use of this Site under normal circumstances nor exercises editorial control over the content of any third party’s Site, e-mail transmission, news group, or other material created or accessible over or through this Site. However, Big Magic does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in our sole discretion, may be illegal, may subject Big Magic to liability, may violate these Terms of Use, or are, in the sole discretion of Big Magic, inconsistent with Big Magic’s purpose for this Site.
No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Site is provided by users or third party content providers, Big Magic has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Site are those of such users or third party suppliers. Big Magic does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Big Magic.
Links to Third Party Sites
This Site may contain hyperlinks to other sites owned and operated by parties other than Big Magic. Such hyperlinks are provided only for ready reference and ease of use. We do not control such Sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Site provides hyperlinks to other Sites that are not owned, operated or maintained by Big Magic, you acknowledge and agree that we are not responsible for and are not liable for the content, products, services or other materials on or available from such Sites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party Sites or for any action you may take as a result of linking to any such Site. Any such Sites are likely to set forth specific terms of use and privacy policies that you should review. Big Magic is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. Big Magic shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such Site. Big Magic is not responsible for the privacy practices of any other Sites.
Applicability of Other Terms
In addition to this Agreement, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features, Content, or the purchase of Products and Services from Big Magic, its subsidiaries or its affiliates. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or purchase Products and Services or (ii) in a link adjacent to where you are permitted to access such available features, Content, or purchase Products and Services. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement conflicts with the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
Reservation of Rights
Big Magic reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Site, (iii) to remove any animated work or any other Content from the Site, and (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Site or any subscription to the Site, in whole or in part, including, but not limited to, as Big Magic deems necessary for purposes of maintenance, upgrades and the like, to maintain the Site or to comply with applicable law. Big Magic shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Site or subscriptions to the Site and shall have no obligation to refund any fees paid pursuant to this Agreement.
Privacy Statement and Notice of Privacy Practices
Our Privacy Statement and Notice of Privacy Practices describe Big Magic’s information practices and procedures for personal information we collect at this Site. We strongly urge you to read our Privacy Statement and Notice of Privacy Practices, which is accessible through the home page of the Site.
Limited Warranty and Warranty Disclaimer
Content and other information contained on this Site has been prepared by Big Magic as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Big Magic has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Site or any other Site maintained by Big Magic. Users relying on Content or other information from this Site do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to purchases of Products and Services, but are provided solely for general informational purposes. Should you purchase any product or service from Big Magic or purchase products or services from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Site does not affect that purchase in any manner.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND BIG MAGIC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICES DOES NOT CONSTITUTE A BUSINESS ASSOCIATE RELATIONSHIP WITH BIG MAGIC SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT AND ITS IMPLEMENTING ADMINISTRATIVE SIMPLIFICATION REGULATIONS (“45 CFR 160-164”) (“HIPAA”), SUBTITLE D OF THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (“HITECH”), AND THE OMNIBUS RULE OF 2013 (“OMNIBUS RULE”).
BIG MAGIC MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
In addition to the above warranty disclaimers, in no event will (A) Big Magic be liable for any consequential, exemplary, special, OR incidental damages, including (but not limited to) any damages for lost profits, revenue, data, marketing and/or advertising expenditure, or other economic advantage, arising from or relating to your use of or the inability to use the Site, Products, or Services, EVEN IF Big Magic KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) Big Magic’s total cumulative liability arising from or related to the Site or your use of the Products or Services, whether in contract or tort or otherwise, exceed the GREATER OF one hundred dollars ($100.00) or the purchase price or fees paid by you during the preceding one-month period to Big Magic, its subsidiaries or its affiliates in connection with the use of the Site or the Services. In no event will Big Magic be liable for more than five hundred dollars ($500.00), EVEN IF any error, misprint, or non-functioning Site, Product, or Service is due in whole or part to an action or omission by an agent and/or employee of Big Magic.
Warranty Disclaimer and/or Limitation of Liability May Not Apply
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
Compliance with All Laws
You represent and warrant that your use of the Site and the Services will be in accordance with the Big Magic Privacy Statement and Notice of Privacy Practices, with these Terms and Conditions, with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of your customer’s personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, state, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of your customer’s personally identifiable information or technical data; including but not limited to the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”); and the Telephone Consumer Protection Act (“TCPA”) Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Canadian Anti-Spam Law commonly referred to as (“CASL”)(collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability.
Indemnification
You agree to defend, indemnify and hold harmless Big Magic, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively “Big Magic Indemnitees”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Site, the Products or Services or Content, your breach of the Terms of Use as stated herein or as modified from time to time in Big Magic’s sole discretion, your inability to access the Site, the use of any linked sites, your reliance on any errors or omissions on the Site, or the propagation and/or contraction of any computer virus in connection with your use of the Site and/or the Content.
Force Majeure
Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Notices
Any notices to you from Big Magic regarding the Site or these Terms of Use will be posted on this Site or made by e-mail or regular mail.
Electronic Communications
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
Entire Agreement
These Terms of Use, the Privacy Statement and Notice of Privacy Practices and related Cookie Policy, and Other Terms or policies we may post on this Site constitute the entire agreement between us and you in connection with your use of this Site and the Content and supersedes any prior agreements between us and you regarding use of this Site, including prior versions of these Terms of Use.
Governing Law; Jurisdiction; Venue; Severability of Provisions
The Terms of Use are governed by the laws of the State of Delaware, USA and controlling United States Federal law without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a portion of these Terms of Use as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of state or federal courts located in the State of Delaware, and you hereby consent and submit to the personal jurisdiction of such courts.
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Site that will provide you with access to password protected portions of the Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which includes: (i) your name, (ii) your business name and mailing address (iii) primary administrator information for the account, and (v) billing and related information, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Big Magic of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Big Magic will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Big Magic or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
No Agency Relationship
Neither these Terms of Use, nor any Content, materials or features of this Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
Publicity
You agree that Big Magic may reference you and your company as a client of Big Magic’s products and services in Big Magic’s advertising and marketing.
Remedies
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
How to Contact Us
If you have any questions about these Terms of Use or would like to learn more about us, please email us at [email protected] or write to us at Big Magic Inc., 211 Warren Street, Newark, NJ 07103 or contact us by phone at 888-274-2018.
Last updated November 14, 2019
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Signature
Date of Agreement: ____________________________
