MagentickPhotoFrames Terms of Service

We encourage you to read our full Terms of Service below, as they govern your use of MagentickPhotoFrames. But if you're looking for key takeaways, here are the most important points:

  • Image Ownership: You retain full copyright to the photos you upload. We do not sell, share, or use them for anything other than printing and delivering your tiles.
  • Data Deletion: If you’d like us to delete your photos and personal data from our system, simply email us at support@MagentickPhotoFrames.com using the same email address you used for your order.
  • Content Restrictions: You may only upload images you own. We do not print pornography, discriminatory content, or copyrighted images you do not have rights to. If unauthorized content leads to legal claims, you will be responsible for all related costs.
  • Customer Support: If you experience any issues with your order, contact us via email at support@MagentickPhotoFrames.com

For full details, please review our complete Terms of Service below.

The Actual Terms of Service

  • MagentickPhotoFrames ("we," "us," or "our") provides users with the ability to upload images ("Images") via our website ("Site")
  • Print these Images on wall tiles ("Tiles"), or
  • Purchase our “Moments by MagentickPhotoFrames” product offering ("Moments").
  • Together, these are referred to as the "Products."
  • These Terms of Service ("Terms") govern your access to and use of the App and related services ("Services"). Our Privacy Notice  outlines how we collect, process, and transfer personal data.
  • "You" refers to any adult user of the App or Services, or a parent/guardian responsible for a minor using the App or Services.
  • By clicking "I agree," you confirm your acceptance of these Terms. We may update these Terms periodically. If you do not agree, please refrain from using the App or Services.

 

Arbitration Agreement

Filing an Arbitration Claim

To initiate arbitration:

  1. Send a written Notice of Claim via email to support@MagentickPhotoFrames.com with the subject line “LEGAL NOTICE.”
  2. The Notice must include:
    • A description of the dispute
    • The specific relief sought
  3. If no resolution is reached within 60 days, either party may proceed with arbitration or file a claim in small claims court (if eligible).

 

Arbitration Process & Governing Law

Class Action Waiver

You and MagentickPhotoFrames agree that claims may only be brought in an individual capacity, not as part of any class, collective, or representative action. The arbitrator cannot consolidate claims or preside over class/representative proceedings.

 

Use of the Services

Eligibility & Compliance

By using the MagentickPhotoFrames and Services, you confirm that:

  • All information you provide is truthful and accurate.
  • You are 18 years or older, or have parental/guardian consent.
  • You have the legal capacity to enter into a binding contract.
  • Your use of the App and Services complies with all applicable laws and regulations.
  • If uploading images of minors, you have obtained parental consent before sharing any data.

Sensitive Data & Privacy Compliance

Certain types of data require special protection. You agree:

  • Not to upload any images containing Sensitive Data (e.g., racial origin, religious beliefs, health, or children's data) unless you have obtained explicit legal consent.
  • You are solely responsible for any liability related to Sensitive Data, including potential data breaches.

App Functionality & Changes

  • MagentickPhotoFrames may update, modify, or discontinue parts of the Services without affecting existing orders.
  • You may link third-party accounts (e.g., Facebook, Google Photos, Instagram) to the site, ensuring you have the authority to grant access to stored images.

User Security & Account Responsibility

  • You are fully responsible for securing your devices and ensuring proper use of the App.
  • MagentickPhotoFrames cannot monitor or prevent inappropriate use of the App.

Service Refusal & Account Termination

MagentickPhotoFrames reserves the right to suspend or terminate access to the App/Services without prior notice if:

You violate these Terms.

  • You engage in fraudulent, harassing, or illegal activity.
  • Your behavior is harmful to other users, third parties, or MagentickPhotoFrames’ business.
  • You dispute or chargeback payments made to MagentickPhotoFrames.

Legal Compliance & Enforcement

  • MagentickPhotoFrames may take corrective action against violations, including cooperating with law enforcement or legal authorities.
  • Suspension or termination of your account does not waive your obligations, including ownership rights, indemnification, liability limitations, or payment responsibilities.

 

Account Registration

Account Registration & Access

  • You may register for an account ("Account") to purchase Tiles and must register for an Account to subscribe to Moments.
  • Accounts can be created using Facebook, Google, or email.
  • Login security: You will receive a one-time unique passcode for each login session.

Account Security & User Responsibilities

  • Provide accurate, complete, and updated information.
  • Maintain confidentiality of your Account details and secure your devices (computers, smartphones, tablets).
  • You must not:
    1. Impersonate another person by using their email as your username.
    2. Use an email owned by someone else without authorization.
    3. Select a username that is offensive, vulgar, or obscene.
  • You cannot use another person’s Account without their permission.
  • Notify MagentickPhotoFrames immediately in case of:
    • Security breaches
    • Unauthorized account access
    • Change in eligibility to use the Services
  • Do not publish, distribute, or post your login information publicly.

User Content & Privacy

  • You may need to provide User Content while using the Services.
  • You are solely responsible for ensuring the accuracy and up-to-date nature of your User Content.
  • MagentickPhotoFrames handles your data in accordance with its Privacy Policy.

Warranties & Legal Compliance

By creating an Account, you confirm that:

  • You are legally capable of entering into a contract.
  • Your registration information is accurate and will remain updated.
  • Your use of the Services complies with all applicable laws and regulations.

Exclusive Account Features & Communications

  • Account holders may access additional features unavailable to non-Account users.
  • You may receive promotional emails, offers, and surveys.
  • You can unsubscribe from MagentickPhotoFrames' commercial emails anytime by emailing us.

 

Content and User Content

  • Definition of Content & User Content
  • "Content" includes all materials available through the App or Services, such as images, photos, and modifications thereof.
  • "User Content" refers to all content uploaded by you, including images, photos, and any Sensitive Data.
  • Your Responsibilities & Legal Compliance
  • You are fully responsible for all User Content uploaded to the App.
  • You must ensure that your User Content:
  • Complies with all applicable laws.
  • Does not infringe on third-party intellectual property rights, privacy rights, or moral rights.
  • Has the necessary legal permissions and consents, especially when containing Sensitive Data (e.g., explicit consent from the individual, parent, or guardian).
  • You warrant that you have all required rights to provide MagentickPhotoFrames with any Sensitive Data for processing under these Terms and the Privacy Notice.
  • MagentickPhotoFrames’ Rights & Limitations
  • No obligation to accept requests for printing or storing User Content.
  • Right to remove and delete User Content without notice for any reason.
  • MagentickPhotoFrames does not endorse any User Content, opinions, or recommendations.
  • Liability disclaimer: MagentickPhotoFrames is not responsible for actions by other users unless due to its own gross negligence or willful misconduct.
  • User Content Retention & Deletion
  • MagentickPhotoFrames may retain your User Content (including images) in your order history as long as your Account is active.
  • You can request deletion of your User Content via email, as described in the Privacy Notice.
  • Unprinted images uploaded to the App will be automatically deleted after 30 days.

 

User Content Restrictions

By using the App and Services, you agree NOT to upload, submit, or act in ways that:

1. Disrupt or Inhibit Use

  • Interfere with or restrict other users from using the App or Services.

2. Violate Rights or Intellectual Property

  • Infringe on any third party’s intellectual property, privacy, publicity, or moral rights.
  • Violate the legal rights of others.

3. Include Illegal or Unauthorized Content

  • Contain or promote stolen, counterfeit, fraudulent, pirated, or unauthorized material.
  • Involve illegal, violent, or unauthorized activities.
  • Fail to comply with all applicable laws and regulations.

4. Overload the System

  • Impose an unreasonable or excessive burden on MagentickPhotoFrames’ infrastructure.

5. Contain or Link to Harmful or Offensive Material

You must not post, store, or transmit anything containing:

  • Hate speech, bigotry, or material glorifying violence.
  • Racially, ethnically, or culturally insensitive content.
  • Defamatory, harassing, or threatening content.
  • Pornography or obscene material, especially anything depicting children in sexually suggestive situations.
  • Viruses, worms, Trojan horses, or other harmful software.
  • Encouragement of criminal behavior or violations of the law.

MagentickPhotoFrames reserves the right to remove any content that violates these guidelines without notice.

Use Restrictions

  • You must not engage in or attempt any of the following actions, nor assist a third party in doing so:

1. Reverse Engineering & Unauthorized Access

  • Decipher, decompile, disassemble, or reverse-engineer any software, technology, or product used in the App or Services.
  • Frame or mirror any part of the App without prior written authorization.

2. Security Violations

  • Bypass, disable, or interfere with security features, including those that prevent copying or unauthorized use of content.

3. Unauthorized Commercial Use

  • Use the site, Content, or Services for commercial purposes outside the scope permitted in these Terms.

4. Automated Data Collection & Scraping

  • Use bots, spiders, scrapers, or automated tools to retrieve, index, data-mine, or replicate content.
  • Attempt to circumvent the App’s structure or navigation.

5. Violating Terms of Use

  • Engage in any use of the App, Content, or Services that contradicts these Terms.
  • Violating any of these restrictions may result in account suspension, termination, and legal action.

 

Intellectual Property

  • Ownership of the App & Services
  • MagentickPhotoFrames, its affiliates, and licensors own all rights to the App, Services, trademarks, logos, and related intellectual property.
  • You cannot copy, modify, distribute, or transmit any part of the App or Services without explicit permission.
  • No rights are granted to use MagentickPhotoFrames' trademarks, service marks, or logos.

2. Ownership of Uploaded Images

  • You retain full ownership of any Images or content you upload.
  • MagentickPhotoFrames will only use your Images to provide the Services and fulfill your product orders.

3. License Granted to MagentickPhotoFrames

  • By uploading User Content, you grant MagentickPhotoFrames to use, copy, and print your Images only for producing your ordered products.

 

Copyright

  • The policy of MagentickPhotoFrames is not to infringe upon or violate the intellectual property rights or other rights of any third party, and MagentickPhotoFrames will refuse to use and remove any User Content in connection with the App that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), MagentickPhotoFrames will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of MagentickPhotoFrames is to terminate the Accounts of repeat infringers in appropriate circumstances.
  • You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
  • If you believe that something appearing on the App infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting support@MagentickPhotoFrames.com.

Fees and Payment

Payment Information

  • To purchase products, you must provide billing details like name, billing address, and credit card information.
  • Payments are processed either directly by MagentickPhotoFrames or via a third-party payment processor ("Payment Processor").
  • You must update payment details promptly to avoid service interruptions.
  • Credit card issuers may automatically update your card details to prevent service disruptions (you can opt out by contacting your issuer).

2. Payment Responsibility

  • Fees are charged as per the prices displayed in the App during the purchase process.
  • Your order is confirmed only after payment is successfully processed.
  • MagentickPhotoFrames is not liable for any banking fees incurred due to payments.
  • If your payment method fails, you must pay the outstanding amount on demand.
  • You are responsible for taxes and fees on all purchases.

3. Payment Processing & Errors

  • Payments may be processed via third-party services, and you must review their terms and privacy policies before using them.
  • MagentickPhotoFrames is not responsible for errors made by Payment Processors but reserves the right to correct any mistakes.

4. Refund Policy

All fees are non-refundable unless explicitly stated otherwise.

 

Cancellation of Services 

  • Cancellation Policy
  • If you purchased a subscription via a third-party app provider, you must cancel it through that provider following their cancellation policies.
  • If you purchased through the MagentickPhotoFrames site, you can cancel your monthly or annual subscription at any time by:
  • Emailing: support@MagentickPhotoFrames.com
  • No refunds are provided for the current subscription period, but you will continue receiving services until the end of your paid period.

2. Suspension & Termination

MagentickPhotoFrames reserves the right to suspend or terminate your access to Products & Services without notice if:

  • You commit fraud.
  • You breach any obligation under these Terms.
  • You attempt to copy, resell, or distribute MagentickPhotoFrames Products without authorization.

 

Refunds

We want you to be completely satisfied with your Product(s).

Eligibility for a Refund

  • If MagentickPhotoFrames made a mistake in preparing your order or your Product(s) arrived damaged, we will gladly issue a refund.
  • If you made a mistake in ordering or simply changed your mind, your order may not be eligible for a refund.

How to Request a Refund

To request a refund, contact us through one of the following:

  • Email: support@MagentickPhotoFrames.com

For orders with printing errors or damage, please include a picture of the Product(s) with your request to help us process your refund efficiently.

 

 

Third Party Applications and Services

Some portions of the MagentickPhotoFrames App and Services may include links to third-party websites or mobile applications. These links may direct you to third-party vendors for various services, including reviews or purchases.

Important Considerations

  • MagentickPhotoFrames has no control over third-party websites, apps, or services.
  • Use of third-party sites is at your own risk.
  • We are not responsible for:
    • Any payments processed through third-party platforms.
    • The privacy policies of third-party sites.
    • The content or services offered by third parties.

Disclaimer

MagentickPhotoFrames does not endorse or take responsibility for any third-party products or services. We encourage users to exercise caution when interacting with external websites or applications.

 

 

Disclaimers and Disclaimer of Warranty

Your use of the MagentickPhotoFrames App, Services, and Products is entirely at your own risk. The App, its content (including User Content), Services, and Products are provided "AS IS" and "AS AVAILABLE" without any warranties.

No Guarantees on Product Quality or Usefulness

  • We strive to print Images as accurately as possible, but we do not guarantee an exact match.
  • We do not warrant that Products will meet your specific needs or expectations.
  • We are not responsible for:
    • The quality, condition, or usability of the Products.
    • Any damage occurring during transportation.
    • Issues arising from attaching, sticking, or re-sticking the Products to any surface.

Disclaimer of All Warranties

To the fullest extent permitted by law, MagentickPhotoFrames expressly disclaims all warranties, including but not limited to:

  • Merchantability, fitness for a particular purpose, and non-infringement.
  • Security, accuracy, reliability, and performance of the App and Services.
  • Error-free operation or the correction of any errors.
  • Accuracy, quality, or usefulness of any information provided.

Limitation of Liability

MagentickPhotoFrames is not responsible for:

  • Any physical damage caused by the use of the Products.
  • Any damages resulting from attachment, detachment, or re-sticking of the Products.
  • Any reliance on oral or written advice not explicitly stated in these Terms.

Note: Some jurisdictions do not allow the exclusion of certain warranties. In such cases, these disclaimers may not apply to you. Please check your local laws.

 

 

  • Limitation of Liability

MagentickPhotoFrames assumes no responsibility for any technical issues, errors, or malfunctions, including but not limited to:

  • Delays, defects, interruptions, or failures in operation or transmission.
  • Theft, unauthorized access, or data alterations related to Content or Services.
  • Product attachment/detachment issues or the quality of the printed image on the Product(s).
  • Network failures, server issues, or software malfunctions affecting the App or Services.
  • Email failures, internet traffic congestion, or technical issues causing service disruptions.
  • Damage to devices (e.g., phones, computers) due to App or Service usage, including uploading/downloading images.

No Responsibility for Loss or Damage

MagentickPhotoFrames is not responsible for:

  • Personal injury or death resulting from use of the App, Services, or Products.
  • Content posted through the App or Services.
  • User conduct, whether online or offline.

Exclusion of Damages

To the fullest extent permitted by law, MagentickPhotoFrames, including its officers, directors, employees, assignees, and agents, shall not be liable for any:

  • Indirect, incidental, special, punitive, or consequential damages.
  • Losses arising from the quality, accuracy, or utility of Products provided through the App or Services.
  • Foreseeable or unforeseeable damages, even if we were advised of their possibility.

 

Indemnification

You agree to indemnify, defend, and hold harmless MagentickPhotoFrames and its employees, directors, officers, subcontractors, and agents from any and all claims, damages, costs, or expenses (including court costs and attorneys’ fees) arising directly or indirectly from:

  1. Breach of Terms – Any violation of these Terms by you or anyone using your device, whether authorized or unauthorized.
  2. Use of the App/Services – Any claim, loss, or damage resulting from your use or attempted use of the App, Services, or uploaded Images.
  3. Violation of Laws/Regulations – Any non-compliance with applicable laws, regulations, or obligations stated in these Terms.
  4. Third-Party Rights Infringement – Any claim that your actions, content, or uploaded Images infringe on third-party rights.
  5. Any Other Legal Responsibilities – Any other matter you are legally responsible for under these Terms or applicable law.

By agreeing to these Terms, you take full responsibility for any legal consequences arising from your use of MagentickPhotoFrames' App, Services, or Products.

 

 

Applicable Law; Miscellaneous

  • MagentickPhotoFrames does not guarantee that its Site, App, Services, or Products are appropriate or legally accessible in all regions.
  • If you access the Site/App, you do so at your own risk and are responsible for complying with local laws.

Legal Disputes & Arbitration

  • Governing Law: Any claims regarding the Site, App, Services, or Products shall be governed by the laws of the India, excluding conflict of law principles.
  • Final Judgment: Any final arbitration ruling shall be enforceable in other jurisdictions as permitted by applicable law.

General Terms

  • If any provision of these Terms is found unenforceable, it will be replaced with a valid provision that best reflects the original intent.
  • These Terms do not create any agency, employment, joint venture, or partnership between you and MagentickPhotoFrames.
  • These Terms represent the entire agreement between you and MagentickPhotoFrames and override any prior agreements.
  • MagentickPhotoFrames may assign its rights under these Terms without notice, but you may not assign your rights without approval.
  • If MagentickPhotoFrames does not enforce a provision, it does not waive the right to enforce it in the future.
  • Notices from MagentickPhotoFrames will be sent to the contact information you provided during registration.

Last Updated: March 2025

 

 

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