EULA

Last Updated: July 2021

These Terms of Service (“Terms”) apply to your use of the online services (our “Services”) provided by The Website (“The Website” or “we”). By using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver stipulated below, do not access or use our Services. If you have any questions about these Terms or our Services, please contact us at magicdark9202@gmail.com

1. Description of Services

The Website is an online search website, which transfers your search queries and related information to search providers such as Yahoo and Bing, which then present you with their search results and advertising. Please read our Privacy Policy [https://www.magic-dark.xyz/privacy-policy.html] which constitute a part of these Terms.

ALL THIRD PARTY SEARCH SERVICE PROVIDERS OPERATE INDEPENDENTLY FROM THE WEBSITE. THE WEBSITE DOES NOT VERIFY ANY THIRD PARTY SEARCH PROVIDER’S COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS.

2. Eligibility

You must be eligible under the rules which apply to you, to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

3. Privacy

Please refer to our Privacy Policy [https://www.magic-dark.xyz/privacy-policy.html] for information about how we collect, use, store and disclose information about you.

4. Data

You grant to The Website a worldwide, non-exclusive, irrevocable right to collect, store and use the Customer Data for the purpose of delivering you the Services. “Customer Data” means any and all data provided by you to the Website pursuant to your use of the Services (including third party data, personally identifiable information and associated metadata transmitted to or from, or stored on, the Website’s system). The use of the Customer Data is in accordance with the Privacy Policy [https://www.magic-dark.xyz/privacy-policy.html] and we do not acquire any right in Customer Data, other than as provided above. You warrant that you have full rights to provide to us any Customer Data that you provide through the Services.

5. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another person’s details without authorization from that user;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Upload or download any content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content during the Service;
• Attempt to purchase illegal subjects or conduct any other illegal activity;
• Bypass or ignore instructions contained in our robots.txt file, accessible at [insert URL], that controls automated access to portions of our Services; or [do we have such?]
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

6. Limited License; Copyright and Trademark

The Website and its content, features and functionality (including look, feel, scripts, programming, code, UI, UX, and any other ideas implemented in it), are owned by the Website and are protected by international copyright, trademark, patent, design patent, trade secret and other intellectual property or proprietary rights laws. Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “The Website Content”) are owned by or licensed to the Website and are protected under applicable laws. The Website and our licensors reserve all rights in and to our Services and the Website Content.
You are permitted to use the Website and the Services for your personal, non-commercial use, or legitimate purposes, provided that your activities are lawful and in accordance with these Terms and the laws which apply to you and to your activities. Prohibited uses include violation of laws and regulations or hacking the Website in any manner, as appear in more details hereinabove. Any use of the Website not expressly permitted by these Terms is a breach of these Terms.

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to access and use our Services and the Website Content for your own personal use; however, such right is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or the Website Content; (b) copy, reproduce, distribute, publicly perform or publicly display the Website Content, except as expressly permitted by us or our licensors; (c) modify, amend, or tamper with the Website Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or The Website Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or the Website Content other than for their intended purposes. Any use of our Services or the Website Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right granted herein.

7. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about the Website or the Services (collectively, “Feedback”), is non-confidential and will become the sole property of the Website. We will own the exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and any of its outcomes and will be entitled to the unrestricted use and dissemination of Feedback or its outcomes for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Website and each of our respective officers, shareholders, consultants, directors, agents, partners and employees (individually and collectively, the “The Website Parties”) from and against any loss, liability, claim, demand, damages (including damages relating to personal injury, death and harm to property), expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) the collection and storage of Customer Data, (c) your Feedback; (d) your violation of these Terms; (e) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (f) any dispute or issue between you and any third party, including any social media platform, third party service provider, courier, restaurant, or other third party merchant; (g) your conduct in connection with our Services. You agree to promptly notify the Website Parties of any third party Claims, cooperate with The Website Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Website Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Website or the other Website Parties.

9. Disclaimers of Warranties

WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SEARCH RESULTS PRESENTED TO YOU AS A RESULT OF YOUR SEARCH QUERIES, AS PROVIDED BY THE SEARCH PROVIDERS, NOR FOR ANY PRODUCTS OR SERVICES SOLD OR LINKED TO BY THE SEARCH RESULTS.

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, THE WEBSITE DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE THE WEBSITE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SERVICES.

THE WEBSITE IS SOLELY A PROVIDER OF SOFTWARE THAT FACILITATES COMMUNICATION BETWEEN YOU AND A THIRD PARTY SEARCH SERVICE PROVIDER. THE WEBSITE DOES NOT VERIFY ANY THIRD PARTY SEARCH SERVICE PROVIDER’S COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND SERVICES PROVIDED BY THIRD PARTY SEARCH SERVICE PROVIDERS AND THEIR ADVERTISERS.

WE SPECIFICALLY NOTE THAT SINCE WE DO NOT CONTROL THE SEARCH STRINGS PROVIDED BY YOU NOR THE RESULTS PRESENTED OR THE ADS PRESENTED BY THE SEARCH PROVIDERS, WE DISCLAIM ANY WARRANTY THAT THE CONTENT YOU SEARCH FOR AND/OR THAT IS PROVIDED BY THE SEARCH ENGINE WILL BE SUITABLE TO YOU AND/OR IN ACCORDANCE WITH THE LAWS APPLICABLE TO YOU, AND WE SHALL NOT BE LIABLE FOR THESE MATTERS WHATSOEVER.

10. Limitation of Liability

THE WEBSITE AND THE OTHER WEBSITE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS OR OTHER DAMAGES OF ANY TYPE OR KIND, INCLUDING DAMAGES RELATING TO HARM TO PERSON (INCLUDING DEATH) AND HARM TO PROPERTY, EVEN IF THE WEBSITE OR THE OTHER WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT A CLAIM FOR LIABILITY (INCLUDING THE THEORIES LISTED ABOVE) ARISE FROM THE ACTIONS RELATING TO THIRD PARTY SERVICE PROVIDERS, THEN THE WEBSITE AND OTHER WEBSITE PARTIES WILL NOT BE LIABLE UNDER ANY OF THE THEORIES ABOVE AND WILL NOT BE LIABLE FOR ANY ACTION RELATING TO GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, AND FRAUD OF THE THIRD PARTY SERVICE PROVIDER.

THE TOTAL LIABILITY OF THE WEBSITE AND THE OTHER WEBSITE PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES. THIS MEANS THAT IF YOU HAVE ACCESSED THE SERVICES FOR FREE, AS THEY ARE CURRENTLY BEING PROVIDED, THEN NEITHER THE WEBSITE NOR THE WEBSITE PARTIES ARE OR WILL BE LIABLE TO ANY DAMAGE CAUSED TO YOU OR THROUGH THE SERVICES.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE WEBSITE WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

11. Release

To the fullest extent permitted by applicable law, you release the Website and the other Website Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence, personal injury, death, or harm to property), arising out of or related to disputes between yourself and the serach providers and the acts or omissions of third parties.

12. Dispute Resolution; Binding Arbitration; Governing Law and Venue

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Website and limits the manner in which you can seek relief from us. These Terms and your use of the Services and the Website are subject to the laws of the state of Israel. Any dispute with or concerning the Website and/or the Website Parties shall be settled exclusively and finally by an arbitration process to be conducted in accordance with the ICC rules, to be held in Tel-Aviv, Israel, and conducted in the English language. Each party may request the arbitration to be held online. You specifically waive any claim for forum non convenience or similar.

In order to remove any doubt, you and the Website waive your rights to a jury trial (where applicable) and to have any dispute arising out of or related to these Terms or our Services or the Website resolved in court.

You and the Website agree that any dispute arising out of or related to these Terms or our Services or the Website is personal to you and the Website and that any dispute will be resolved solely through individual arbitration as set above and will not be brought as a class arbitration, class action or any other type of representative proceeding.

13. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

14. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

15. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

16. Survival

The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Limited License; Copyright and Trademark, Indemnification, Disclaimers of Warranties, Limitation of Liability, Release, Dispute Resolution; Binding Arbitration, Governing Law and Venue sections, will survive the termination or expiration of the Terms.

17. Relationship

Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, joint venture, or any other form of joint enterprise between you and the Website.

18. Entire Agreement

These Terms, together with the Privacy Policy [https://www.magic-dark.xyz/privacy-policy.html] contain the entire agreement between the Website and you relating to your use of the Services and supersedes any and all prior agreements between the Website and you in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by the Website in these Terms.

19. Assignment

You may not assign your rights or delegate your obligations under these Terms without The Website’s prior written consent. Any purported assignment contrary to this section will be null and void and without effect. The Website may assign its rights and obligations hereunder to any related party and/or as part of any reorganization, M&A or similar processes.

20. No Third Party Rights

There are no third party beneficiaries to these Terms, other than those prescribed herein.

21. Miscellaneous

The failure of the Website to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity, other than the Website Parties.