Terms of Service
The following are the terms and conditions for use of the "ClickMagick" service. This is
a service provided by ClickMagick Inc. ClickMagick Inc. will hereafter be referred to as ("ClickMagick", "we", "us"),
and the service provided at clickmagick.com will be hereafter referred to as "ClickMagick" or "the Service".
Please read these terms carefully. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING
THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF these terms
of service ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein.
- "Account" refers to the billing account for the Service.
- "Customer Data" means the data about the characteristics and activity of visitors to your website
collected by use of the Client Code which is stored on the Servers and analyzed by the Processing Software.
- "Click" is the unit of measurement of usage of the Service. A Click is used when the Client
Code is executed on a webpage accessed by a visitor, or when the Click URL is accessed by a visitor.
- "Click fraud" is a type of fraud that occurs in Internet pay-per-click advertising where a person or computer system clicks on an ad, without genuine interest in the ad, for the purpose of generating a charge to the advertiser.
- "Click URL" means any unique URL assigned to an Account for the purpose of recording Clicks.
You will be assigned a unique Click URL corresponding to each advertisement to be tracked via the Service.
- "Client Code" means the proprietary ClickMagick code which is installed on a web page for the
purpose of collecting Customer Data, together with any fixes or upgrades provided by you.
- "Conversion", also referred to as "goal" in the Reports, means the data recorded
by use of the Client Code placed on specific portions of your website you have identified as
of special interest, such as when a purchase has been made.
- "Processing Software" means the proprietary ClickMagick Software and any all upgrades to
such, which analyzes the Customer Data and generates the Reports.
- "Report" means the resulting analysis shown at clickmagick.com (or such other URL the Service
may provide) including stored clicks and conversion data.
- "Servers" means the servers controlled by ClickMagick upon which the Customer Data is stored
and analysed to provide the Reports.
- "Software" means the Client Code and the service software which produces the reports.
- "Subscription" means the billing terms agreed upon for your Account, between you and ClickMagick.
To register for the Service, you must complete the registration process by providing
ClickMagick with current, complete and accurate information as prompted by the registration
form, including your e-mail address, username and password. You will at all times be
responsible for maintaining the security of your account and password: you should
protect your passwords and are fully responsible for your own and third party use of
your accounts. ClickMagick cannot and will not be liable for any loss and/or damage resulting
from your failure to comply with this security obligation.
- ClickMagick, in its sole discretion, may accept or reject for any reason any person as a
User of the Service.
- You may not use the Service for any illegal or unauthorized purpose, nor violate any
applicable laws (including but not limited to copyright laws). You are solely responsible
for any and all activities that relate to your Account. You agree to notify ClickMagick
immediately upon learning of any unauthorized use of your Account or any other
breach of security.
- From time to time, ClickMagick employees may log in to the Service under your customer password in order to
maintain or improve the Service, including providing you with assistance on technical
or billing issues. You hereby acknowledge and consent to such access.
- ClickMagick hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to install,
copy and use the Software solely as necessary to use the Service for one or more web pages that
you own and control (collectively, the "Website"). Subject to the terms and conditions of this
Agreement, You may remotely access, view and download your Reports stored at www.clickmagick.com
(or such other URL ClickMagick may provide). Your license of, use of and access to the Software
and the Service (which may include, without limitation, the Software, documentation and reports)
is conditioned upon your compliance with the terms and conditions of this Agreement.
- You will not, nor will you allow any third party to: (i) copy, modify, adapt, translate
or otherwise create derivative works of the Software or the Documentation; (ii) reverse
engineer, de-compile, disassemble or otherwise attempt to discover the source code of
the Software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the
Client Code, the Processing Software, the documentation or the Service; (iv) remove any
proprietary notices or labels on the Software or placed by the Service; or (v) use, post,
transmit or introduce any device, software or routine which interferes or attempts to
interfere with the operation of the Service or the Software.
- You will use the Software, Service and Reports solely for your own internal use, and will
not make the Software or Service available for timesharing, application service provider or
service bureau use. You will comply with all applicable laws and regulations in your use of
and access to the Documentation, Software, Service and Reports. The license will expire
immediately upon failure to comply with the terms of this Agreement. Upon such expiration,
you must destroy all originals and copies of the Client Code in your possession and so
certify in writing to ClickMagick within 3 business days of termination and cease any further use
of the Service without the express written consent of ClickMagick.
- You hereby allow ClickMagick to collect, store and process your Customer Data. The Customer Data
may include one or more cookies that ClickMagick uses to differentiate between users. ClickMagick may examine
Customer Data to provide you with technical support or to improve the Service.
https://www.clickmagick.com/privacy.cgi, or such other URL as ClickMagick may provide from time to time),
information collected on your use of the Service, in order to, among others, generate anonymous
aggregated reports. ClickMagick will not share information associated with you or your Website with
any third parties unless ClickMagick (i) has your consent; (ii) concludes that it is required by
law or has a good faith belief that access, preservation or disclosure of such information
is reasonably necessary to protect the rights, property or safety of ClickMagick, its users or
the public; or (iii) provides such information in certain limited circumstances to third
parties to carry out tasks on ClickMagick's behalf (e.g., billing or data storage) with strict
restrictions that prevent the data from being used or shared except as directed by ClickMagick.
When this is done, it is subject to agreements that oblige those parties to process such
information only on ClickMagick's instructions and in compliance with this Agreement and appropriate
confidentiality and security measures.
- Unless you notify ClickMagick otherwise in writing, ClickMagick may identify you as a valued customer
and optionally issue a press release that discloses that you are using the Service.
Billing, Upgrades and Downgrades, Cancellation
- We use various billing service providers. When using such provider's services,
you agree to follow and comply with the policies of such provider.
- The ClickMagick Services may be purchased on a periodic subscription basis under which payment is prepaid.
Subscription Service will be automatically renewed and your credit card (or other payment method account)
will be charged every month without further authorization from you.
- You are responsible for paying any applicable fees and applicable taxes associated with the
Service in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted
in U.S. Dollars (USD). You agree to pay for all services that you purchase through the Service, and
we may charge your selected payment method or send you an invoice for any such fees owed.
You are required to keep your billing information current, complete, and accurate (e.g., a change
in billing address, credit card number, or expiration date) and to notify ClickMagick if your selected
payment method is cancelled (e.g., for loss or theft).
- You are responsible for all charges incurred under your Account, as well as charges incurred by
Accounts associated with or created through your Account, by you or anyone who uses your Account
(including your co-workers, colleagues, team-members, etc.). If your payment method fails or your
account is past due, we may collect fees owed using other collection mechanisms. Your Account, as
well as Accounts associated with or created through your Account, may be deactivated without notice
to you if payment is past due, regardless of the dollar amount. You are also responsible for paying
any governmental taxes imposed on your purchase from or use of the Service, including, but not
limited to, sales, use, or value-added taxes.
- ClickMagick may offer different service levels at various monthly rates. Should you upgrade or downgrade
your service level, the price of the chosen service level will be charged in subsequent monthly periods.
- If you exceed the limits of your service level, your account will be upgraded to a service level which accommodates your usage, and the price of this service level will be charged in subsequent monthly periods.
- All fees are paid in advance and are not refundable.
- You are solely responsible for properly cancelling your account. You can cancel your account
at any time by contacting ClickMagick by email at firstname.lastname@example.org or using the "Help" link on www.clickmagick.com.
Your request must be received at least 24 hours prior to your subscription renewal date, or the cancellation
will not be effective until the following month.
- All Customer Data and Reports may be immediately deleted from the Service upon cancellation.
This information cannot be recovered once your account is cancelled.
- If you cancel your Account before the end of the current paid period, your cancellation
will take effect immediately.
- ClickMagick, in its sole discretion, has the right to suspend or terminate your Account and
refuse any and all current or future use of the Service. Such termination of the Service
will result in the deactivation or deletion of your Account or your access to your Account,
and the forfeiture and relinquishment of all Customer Data and Reports in your Account.
- You agree to indemnify, hold harmless and defend ClickMagick, at your expense, any and all third-party
claims, actions, proceedings, and suits brought against ClickMagick or any of its officers, directors,
employees, agents or affiliates, and all related liabilities, damages, settlements, penalties,
fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other
litigation expenses) incurred by ClickMagick or any of its officers, directors, employees, agents or
affiliates, arising out of or relating to (i) your breach of any term or condition of this
Agreement, (ii) your use of the Service, (iii) your violations of applicable laws, rules or
regulations in connection with the Service, or (iv) your Brand Features. In such a case,
ClickMagick will provide you with written notice of such claim, suit or action. You shall cooperate as
fully as reasonably required in the defense of any claim. ClickMagick reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject to indemnification by you.
- If you provide access to your Account or any portion thereof to any third party or use the
Service to collect information on behalf of any third party ("Third Party"), whether or not you
are authorized to do so by ClickMagick, the terms of this Section shall apply to you.
- If you use the Service on behalf of any Third Party, you represent and warrant that
(a) you are authorized to act on behalf of, and bind to this Agreement, that Third Party,
(b) as between the Third Party and you, the Third Party owns any rights to Customer Data
in the applicable account, and (c) you shall not disclose Third Party's Customer Data to any
other party without the Third Party's consent.
- You shall ensure that each Third Party is bound by and abides by the terms of this
Agreement. ClickMagick makes no representations or warranties for the direct or indirect benefit
of any Third Party. With respect to Third Parties, you shall take all measures necessary
to disclaim any and all representations or warranties that may pertain to ClickMagick, the Service,
the Software or the Reports, or use thereof. You agree to indemnify, hold harmless and
defend ClickMagick, at your expense, against any and all third-party claims, actions, proceedings,
and suits brought against ClickMagick or any of its officers, directors, employees, agents or
affiliates, and all related liabilities, damages, settlements, penalties, fines, costs
or expenses (including, without limitation, reasonable attorneys' fees and other
litigation expenses) incurred by ClickMagick, or any of its officers, directors, employees,
agents or affiliates, arising out of or relating to (a) any representations and warranties
made by you concerning any aspect of the Service, the Software or Reports to Third Parties;
(b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to
your use of the Service, the Software or Reports; (c) violations of your obligations of
privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third
Parties in connection with the Services, the Software or Reports.
Disclaimer of Warranties
- The information and services included in or available through the Service, including
the Reports, may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. ClickMagick and/or its respective suppliers may make
improvements and/or changes in the Service or Software at any time, with or without notice.
ClickMagick does not represent or warrant that the Service will be uninterrupted or error-free,
that defects will be corrected, or that the Service, the Software or any other software
on the Server are free of viruses or other harmful components. You specifically agree that
ClickMagick shall not be responsible for unauthorized access to or alteration of the Customer Data
or data from your Website. ClickMagick does not guarantee storage of Customer Data. Storage
space allocated to you is subject to agreement with ClickMagick or the amount of available space.
- ClickMagick does not guarantee the Service will be operable at all times or during any down
time (1) caused by outages to any public Internet backbones, networks or servers,
(2) caused by any failures of your equipment, systems or local access services,
(3) for previously scheduled maintenance or (4) relating to events beyond ClickMagick's control
such as strikes, riots, insurrection, fires, floods, explosions, war, governmental
action, labor conditions, earthquakes, natural disasters, or interruptions in Internet
services to an area where ClickMagick or your servers are located or co-located. Complete
accuracy in all aspects of your Statistics at all times also is not guaranteed.
- THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES,
CLAIMS OR REPRESENTATIONS MADE BY ClickMagick, EITHER EXPRESS, IMPLIED, OR STATUTORY,
WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING
WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE
OF PERFORMANCE, OR TRADE USAGE. ClickMagick DOES NOT WARRANT THAT THE SERVICE, THE
SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION
OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN
ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED
FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
- ClickMagick WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL,
PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED
THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY
OR CONTRIBUTION, OR OTHERWISE, EVEN IF ClickMagick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE
EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS
IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
- ClickMagick will not be liable for any click fraud detected or not detected by the Software. The Software makes a best effort to identify multiple ad clicks from the same computer system in a short period of time, and to identify anomalous increases in click activity. The Service will notify Client, through online reports and in some cases e-mails, of such identifications. The Service will not prevent the click fraud from occurring, nor detect all types and all instances of click fraud that may occur.
- ClickMagick's total cumulative liability to you or any other party for any loss or damages resulting
from any claims, demands, or actions arising out of or relating to this Agreement shall not
exceed US .
Notice of Proprietary Rights
- The Service, which includes but is not limited to the Client Code and the Software and all
intellectual property rights in the Service are, and shall remain, the property of ClickMagick.
All rights in and to the Software not expressly granted to you in this Agreement are hereby
expressly reserved and retained by ClickMagick and its licensors without restriction, including,
without limitation, ClickMagick right to sole ownership of the Software and logos, trademarks,
trade secrets, databases, reports, and Web site.
- Without limiting the generality of the foregoing, you agree not to (and to not allow
any third party to): (a) sublicense, distribute, or use the Service outside of the scope
of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works
from, reverse engineer, disassemble, or decompile the Processing Software or otherwise
attempt to discover any source code or trade secrets related to the Service; (c) use the
trademarks, trade names, service marks, logos, domain names and other distinctive brand
features or any copyright or other proprietary rights associated with the Service for any
purpose without the express written consent of ClickMagick; (d) register, attempt to register,
r assist anyone else to register any trademark, trade name, serve marks, logos, domain
names and other distinctive brand features, copyright or other proprietary rights
associated with ClickMagick other than in the name of ClickMagick; or (e) remove, obscure, or alter any
notice of copyright, trademark, or other proprietary right appearing in or on any item
included with the Service.
Modifications to Terms of Service and Other Policies
- ClickMagick reserves the right at any time and from time to time to update, modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without
notice. ClickMagick shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Service.
- Any new features that augment or enhance the current Service, including the release
of new tools and resources, shall be subject to the Terms of Service. Continued use of
the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at:
- Downgrading your service level may cause the loss of Data, features, or
capacity of your Account. ClickMagick does not accept any liability for such loss.
- Your use of the Service is at your sole risk. The Service is provided on an "as is"
and "as available" basis.
- Technical support is only provided to paying account holders and is only
available via email or help desk.
- You must not modify, adapt or hack the Service or modify another website
so as to falsely imply that it is associated with the Service, ClickMagick, or any other ClickMagick service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service without the express written
permission by ClickMagick.
- You understand that the technical processing and transmission of the Service,
including your Data, may be transferred unencrypted and involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
- ClickMagick technical staff may instruct you, from time to time, to perform modifications
to the Client Code installed in your Website. You agree to cooperate and perform any
- You grant to ClickMagick a perpetual, non-exclusive, worldwide, royalty-free license to use and
display your name, the name of your company, your website address, your company's website address
and your company's logo on ClickMagick websites and marketing materials and ClickMagick client lists.
- Every effort has been made to accurately represent the Service and it's potential.
There is no guarantee that you will earn any money using the techniques and ideas in
this Website. Examples in the Website are not to be interpreted as a promise or
guarantee of earnings. Earning potential is entirely dependent on the person using the
Service, ideas and techniques.
- No express or implied guarantees of income are made when purchasing the Service.
You agree that we are not responsible for the success or failure of your business decisions.
Miscellaneous; Applicable Law and Venue
- ClickMagick shall be excused from performance hereunder to the extent that performance
is prevented, delayed or obstructed by causes beyond its reasonable control. If any
provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed to the extent necessary to make it enforceable to the
maximum extent permissible so as to affect the intent of the parties, and the remainder
of this Agreement shall continue in full force and effect.
- This Agreement shall be governed by and construed under the laws of the state of
Texas without reference to its conflict of law principles. In the event of
any conflicts between foreign law, rules, and regulations, and Texas law, rules,
and regulations, Texas law, rules and regulations shall prevail and govern.
Each party agrees to submit to the exclusive and personal jurisdiction of the courts
located in Bucks County, Texas. The United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer Information Transactions
Act shall not apply to this Agreement. The Software is controlled by U.S. Export
Regulations, and it may be not be exported to or used by embargoed countries or
individuals. Any notices to ClickMagick must be sent to: ClickMagick, Inc., 337 Garden
Oaks Blvd. #66217, Houston, TX 77018 USA, via first class or air mail or overnight courier,
and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent
default. You may not assign or otherwise transfer any of Your rights hereunder without
ClickMagick's prior written consent, and any such attempt is void. The relationship between
ClickMagick and You is not one of a legal partnership relationship, but is one of
independent contractors. This Agreement shall be binding upon and inure to the benefit
of the respective successors and assigns of the parties hereto.