The following Terms of Use outline your obligations when using the magmaplate.com website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us. ACCEPTANCE OF TERMS The web pages available at magmaplate.com and all linked pages ("Site"), are owned and operated by KDIGITALNETWORK, and is accessed by you under the Terms of Use described below ("Terms"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE SITE, VIEWING ANY CONTENT OR USING ANY SERVICES AVAILABLE ON THE SITE (AS EACH IS DEFINED BELOW) YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH TOGETHER WITH OUR Privacy Policy, GOVERNS OUR RELATIONSHIP WITH YOU IN RELATION TO THE SITE. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SITE. MODIFICATIONS OF TERMS magmaplate.com reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, magmaplate.com will notify you by posting an announcement on the site. What constitutes a material change will be determined at magmaplate.com’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified. DESCRIPTION OF SERVICE The Site is an online community which enables users to post public domain images, share comments, and access services made available on the Site ("Services"). Services include, but are not limited to, any service and/or content magmaplate.com makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content") includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software. Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of magmaplate.com. magmaplate.com reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. magmaplate.com may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your images and you are directed to retain your own copies of all Content posted on the Site. YOUR REGISTRATION OBLIGATIONS As a condition to using Services, you are required to open an account with magmaplate.com and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your magmaplate.com account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your magmaplate.com account. Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display images containing adult symbols or violence that may be offensive to some. USER CONDUCT All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not magmaplate.com are entirely responsible for all Content that you post, or otherwise submit to the Site. magmaplate.com does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by magmaplate.com. By way of example, and not as a limitation, you agree not to use the Services: To abuse, harass, threaten, impersonate or intimidate any person; To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services; To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any magmaplate.com user; To create or transmit unwanted ‘spam’ to any person or any URL To create multiple accounts for the purpose of voting for or against users’ photographs or images; To post copyrighted Content; With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services; To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; To promote or sell Content of another person To sell or otherwise transfer your profile. To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under "COPYRIGHT COMPLAINTS" below) please send written notice to magmaplate.com at email: [email protected]. You are solely responsible for your interactions with other users of the Site. magmaplate.com reserves the right, but has no obligation, to monitor disputes between you and other users. COPYRIGHT COMPLAINTS magmaplate has adopted and implemented the magmaplate Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy. LINKS The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because magmaplate.com has no control over such sites and resources, you acknowledge and agree that magmaplate.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that magmaplate.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. INDEMNITY You hereby expressly and irrevocably release and forever discharge magmaplate.com, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. You hereby agree to indemnify and hold harmless magmaplate.com, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or magmaplate.com Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party. LIMITATION OF LIABILITY In no event shall magmaplate.com be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100. TERMINATION magmaplate.com may terminate or suspend any and all Services and/or your magmaplate.com account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your magmaplate.com account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account magmaplate.com will automatically remove all Content posted to your account.