Terms of Use
Welcome to Maggwire LLC (“Maggwire”). By accessing the Maggwire website (“Site”) or using the services offered by Maggwire (“Services”) you agree and acknowledge to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. Maggwire reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
1. Usage License
Maggwire grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Maggwire reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
2. User Responsibility
You are solely responsible for your use of the Site and Services. Because Maggwire merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Maggwire, and Maggwire makes no claim of accuracy of any user-posted material. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Maggwire (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Maggwire or by the owners of that Content, in a separate agreement.
The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Maggwire. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
3. User-Posted Content
By posting content, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business.
4. Feeds and API
Maggwire provides access to portions of its Site and Services via RSS feeds; for the purposes of these Terms, such access constitutes use of the Site and Services. Maggwire asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the Maggwire database or reproduce, duplicate or copy the Maggwire Site. Maggwire reserves the rights to change these features at any time and to disable access to the feeds at any time for any reason.
5. Intellectual Property (Trademarks & Copyrights)
Maggwire, the Maggwire logo and the Maggwire design are trademarks or trade dress of Maggwire, and may not be used without express written permission from Maggwire, other than for attribution. All other trademarks not owned by Maggwire that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Maggwire.
Maggwire-originated content included on the Site, such as text, graphics, APIs, software and the compilation of all content on the Site, is the property of Maggwire and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any Maggwire-originated content is permitted without written permission from Maggwire.
User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.
6. No Warranty and Limitation of Liability
MAGGWIRE PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MAGGWIRE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL MAGGWIRE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT MAGGWIRE HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH MAGGWIRE SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
7. Other
Maggwire and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Maggwire and you.
These Terms supersede any previous agreement and represent the entire agreement between Maggwire and you. These Terms are governed by the laws of the State of Delaware without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Maggwire at terms@maggwire.com.
Effective date: November 21, 2008