BY SELECTING THE "I ACCEPT" CHECKBOX OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ALL THE INFORMATION YOU ENTERED IN THE FORM SHALL BE DELETED AND YOU CAN LEAVE THE WEB PAGE, MAGMASOFT WILL PROMPTLY CANCEL THIS TRANSACTION AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICES.
Magmasoft Pte. Ltd. ("Magmasoft" or "we") operates website www.wiztango.com (wiztango) which is a social learning platform that allows members to teach and learn collaboratively,offering a unique blend of learning management system, social networking and collaborations, account, manage accounts, manage programs, manage trainings, manage resources, manage content, manage activities, manage apps, application, API’s, services, widgets, websites, mobile, desktop or other services to its Members. (collectively referred to as "WIZ Platform")
The WT Platform may include a component, a covered work, governed by the following agreements-
GNU GENERAL PUBLIC LICENSE Version 3, 29 June 2007, available at http://www.gnu.org/licenses/gpl.html
The MIT License (MIT) Copyright © 2014 David DeSandro, available at http://desandro.mit-license.org/
Except as provided within these Agreements mentioned in the above points a & b, your use of such component is governed and you agree to be bound by these Agreements mentioned in the above points a & b for the use of said component/covered work only and for other parts of the WT Platform this agreement will be applicable.
Magmasoft reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the wiztango website. All material modifications will apply prospectively only. Your continued use of the WIZ Platform following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the WIZ Platform immediately. You may receive a copy of this Agreement by contacting us at our site.
Use of the WIZ Platform and registration to be a Member for the WIZ Platform ("Membership") is void where prohibited. By using the WIZ Platform, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) your use of the Magmasoft Services does not violate any Applicable Law and (e) will only maintain one wiztango account at any given time;. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 13 years of age and you represent yourself as 13 or older, or if we believe you are over 13 and represent yourself as under 13.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the WIZ Platform or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Magmasoft may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability of whatsoever nature. Furthermore, Magmasoft reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, "messages")) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the WIZ Platform at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Magmasoft reserves the right, in its sole discretion, to reassign or rename your profile URL. Magmasoft expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the WIZ Platform if Magmasoft determines, in its sole discretion, that you have violated this Agreement or pose a threat to Magmasoft, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.
You acknowledge that Magmasoft reserves the right to charge for any portion of the WIZ Platform and to change its fees (if any) from time to time in its discretion. If Magmasoft terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Magmasoft immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use by Members
The WIZ Platform are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Magmasoft. Magmasoft reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the WIZ Platform, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the WIZ Platform, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Magmasoft reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the WIZ Platform.
Proprietary Rights in Contents On wiztango
Content Posted on wiztango
Please choose carefully the information that you post on, through or in connection with the WIZ Platform and that you provide to other Users. Your wiztango profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other wiztango Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Magmasoft assumes no responsibility or liability for this material. If you become aware of misuse of the WIZ Platform by any person or Linked Service, please write to email@example.com "Contact Magmasoft" or the "Report Abuse" link at the bottom of the wiztango Website pages.
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the WIZ Platform (including group administered by you). Magmasoft reserves the right to investigate and take appropriate legal action against anyone who, in Magmasoft's sole discretion, violates this provision, including, without limitation, removing the offending Content from the WIZ Platform, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Magmasoft:
Group Terms (WIZ Group)
WIZ members can create WIZ Groups and other Pages for free; however, we may close or transfer WIZ Groups or other Pages, or remove content from them if the content violates this Agreement or others' intellectual property rights. Any user may create a Page; however, only an authorized representative of the subject matter may administer the Page. Pages with names consisting solely of generic or descriptive terms will have their administrative rights removed.
Protecting Copyrights and other Intellectual Property
Magmasoft respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Magmasoft's policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and posted on or through the WIZ Platform in a way that constitutes copyright infringement, please send Magmasoft a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the WIZ Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Magmasoft's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Magmasoft, Pte. Ltd., [Please insert the address and phone/fax]; Attn: Copyright Agent. Magmasoft's Copyright Agent for notification of claimed infringement can also be reached electronically at. Magmasoft provides certain tools and technologies to help facilitate copyright owners' control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact Magmasoft's Copyright Agent at the email address listed.
Third Party Linked Services
You are solely responsible for your interactions with other wiztango Users, third party developers or any other parties with whom you interact through the WIZ Platform and/or Linked Services. Magmasoft reserves the right, but has no obligation, to become involved in any way with these disputes.
Magmasoft is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the WIZ Platform or Linked Services, by Users of the WIZ Platform or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Magmasoft. In addition, Magmasoft is not responsible for any damage, injury or loss caused by Users of the WIZ Platform or by any of the equipment or programming associated with or utilized in the WIZ Platform or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the WIZ Platform may contain links to other websites or services. Magmasoft is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Magmasoft. Inclusion of any linked website or service on the WIZ Platform does not imply approval or endorsement of the linked website or service by Magmasoft. When you access these third party sites and services, you do so at your own risk. Magmasoft takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the WIZ Platform or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Magmasoft is not responsible for the conduct, whether online or offline, of any User of the WIZ Platform or Linked Services. Magmasoft assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Magmasoft is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the WIZ Platform or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the WIZ Platform or Linked Services. Under no circumstances shall Magmasoft be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the WIZ Platform or Linked Services, attendance at a WIZ event, from any User Content posted on or through the WIZ Platform or Linked Services, or from the conduct of any Users of the WIZ Platform, whether online or offline. The WIZ Platform and Linked Services are provided "AS-IS" and as available and Magmasoft expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Magmasoft cannot guarantee and does not promise any specific results from use of the WIZ Platform or Linked Services.
Limitation of Liability
IN NO EVENT SHALL MAGMASOFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WIZ Platform OR LINKED SERVICES, EVEN IF MAGMASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MAGMASOFT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MAGMASOFT FOR THE WIZ Platform DURING THE TERM OF MEMBERSHIP.
The Agreement shall be governed by, and construed in accordance with, the laws of the Singapore without regard to its conflict of law provisions. You and Magmasoft agree to submit to the exclusive jurisdiction of the courts located within the [Singapore to resolve any dispute arising out of the Agreement or the WIZ Platform. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold Magmasoft, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the WIZ Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the WIZ Platform.
This Agreement is accepted upon your use of the wiztango Website or any of the WIZ Platform and is further affirmed by you becoming a Member. Your agreement with Magmasoft will always include this Agreement at a minimum. Your access and use of certain WIZ Platform will require you to accept additional terms and conditions applicable to such certain WIZ Platform, in addition to this Agreement, and may require you to download Software or Content. The failure of Magmasoft to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. wiztango, WIZ, Magmasoft are trademarks of Magmasoft, Pte. Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please write to firstname.lastname@example.org.