Effective as of: 8/28/2024
These Terms and Conditions of Use (the “Terms”) apply to your access to, and use of, this Artis Magi, LLC (“Magi”) web portal (the “Portal”). Magi reserves the right to update these Terms at any time without notice to you, in which case the new Terms will apply to your continued use of the Portal. The most current version of these Terms can always be found at the “Terms and Conditions” hypertext link at the bottom of the Portal's web pages. This Portal is being provided to you for the sole purpose of receiving reports of suspicious behavior created and sent by school students. Any other use of this Portal is strictly prohibited.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU DO NOT AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS, ACCESS TO THE SAFETIMETM PORTAL IS NOT PERMITTED.
THIS PORTAL IS A MAGI PORTAL AND HAS BEEN DEVELOPED AND MAINTAINED BY MAGI ON BEHALF OF ITSELF AND ITS AFFILIATES. ACCESS TO CERTAIN PARTS OF THE PORTAL IS RESTRICTED TO APPROVED INDIVIDUALS ONLY.
While using this Portal you will have access to reports created by students related to suspicious and/or harmful behavior they observe in school (the “Reports”). You will also have access to materials, documents, images, graphics, logos, design, audio, video and any other information found on this Portal (collectively, including the Reports, the “Content”). The following terms apply both to your access to the Portal as well as your access to, and use of, the Content.
The Content found on this Portal belongs to Magi, its affiliates and licensors and is not for sale or distribution to any third party. Further, use of the Portal or distribution of Content may be restricted by laws and regulations of the jurisdiction from which you are accessing this Portal. Where such restrictions exist, use of the Portal or access to the Content may not be permitted, and people accessing this Portal are required to inform themselves of, and to abide by, any such applicable restrictions. Where such restrictions exist, the Content is not intended for distribution to, or use by, any person or entity in any such jurisdiction in contravention of those laws and regulations. Magi reserves the right to discontinue transmission of information found on this Portal, or to take down this Portal, or parts of this Portal, at any time, in whole or in part, in its sole discretion and without notice to you.
Use of the Reports found on the Portal is restricted to emergency response and law enforcement purposes only (the “Purpose”). Use or distribution of the Reports for any other purpose is prohibited. The Reports may contain personally identifiable information which must be kept in the strictest of confidence, except as needed for the Purpose.
The Content on this Portal is made available to you on a limited basis, during the term of your organization's contractual relationship with Magi. Upon termination of said relationship, you agree to stop accessing this Portal. The Content of this Portal is to be used for the Purpose only and is not otherwise for distribution or sale to a third party. You are not permitted to create derivative works of or copy or modify the Content in any way, except in furtherance of the Purpose.
You must not do or attempt to do, or permit others to do or attempt to do, any of the following: (a) modify the Portal in any way; (b) remove or modify Magi's copyright notices, trademark, logo, legend or other notice of ownership from the Portal; (c) access, view, read, modify, reverse compile, reverse assemble, disassemble or print the Portal's source code or object code or other runtime objects, components or files distributed with the Portal; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Portal; (e) defeat, disable or circumvent any protection mechanism related to the Portal; (f) rent, lease, distribute (or redistribute), provide or otherwise make available the Portal, in any form, to any third party (including in any service bureau or similar environment); (g) share use or access to the Portal with other individuals (including outsourcers performing work for you), even if that individual shares office space or equipment; (h) share account access information with third parties; (i) link to, “frame” or “mirror” the Portal or any portion thereof; (j) use the Portal to process the data of clients of a third party (whether on an outsourcing, service bureau, or other basis); (k) install a copy of the Portal at an office location not permitted under your contract with Magi; or (l) publish, distribute (or redistribute) or sell any Content retrieved through the Portal (even if in the public domain) to any individual or entity outside of your own organization, except for documents prepared for clients within the scope of the normal and intended use of the Portal.
You may not use the Portal to participate in any activity that is in violation of any federal, state or local law. You shall not disable, hack, circumvent or otherwise interfere with security-related features on the Portal, or features that prevent or restrict use or copying of any of its contents. You will not interfere with or disrupt the functionality of the Portal by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
Magi reserves the right to prosecute violations of these Terms to the full extent of 4the law.
Magi reserves the right to issue a warning or temporarily or indefinitely suspend or terminate your use of the Portal at any time, in its sole discretion and without notice. If you are accessing non-public parts of this Portal but you have not been granted official access privileges, please log off immediately or Magi reserves all rights available under the law to prevent such access and recover damages. If you have been granted access, do not share your login information with others. By accessing or using non-public parts of this Portal, or other Magi Portals, you are deemed to have represented and agreed that such access is provided to you as a revocable privilege on the condition of your agreement to these Terms, including all terms and conditions that may be stated on individual pages of the Portal, which are incorporated into these Terms by reference. Magi reserves the right to discontinue provision of this Portal at any time, in whole or in part, in its sole discretion and without notice.
You acknowledge that all right, title and interest in all Reports belong to Magi in their entirety.
Magi makes no representation or warranty as to the accuracy or completeness of the Content provided, nor does it warrant or represent that the Content is up-to-date or current, that Magi has any duty to update any Content, or that the Content is free from technical inaccuracies or typographical errors.
MAGI IS IN NO WAY RESPONSIBLE FOR THE CONTENT OF ANY REPORT, OR FOR THE USE TO WHICH YOU PUT A REPORT. WITH RESPECT TO REPORTS, MAGI IS A PASS-THROUGH SERVICE PROVIDER FACILITATING THE CREATION AND SUBMISSION OF REPORTS TO YOU FOR THE PURPOSE. MAGI DOES NOT EDIT ANY REPORT, ADD TO ANY REPORT, OR ACCESS ANY REPORT IN THE NORMAL COURSE OF BUSINESS. YOU HEREBY DEFEND, INDEMNIFY AND HOLD MAGI HARMLESS FROM ALL LIABILITY WITH RESPECT TO REPORTS OR YOUR USE OF REPORTS.
THE CONTENT YOU FIND ON THIS PORTAL IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS PORTAL AND ANY IMPLIED WARRANTIES AND CONDITIONS, WHETHER STATUTORY, ARISING FROM THE COURSE OF DEALING, OR OTHERWISE, OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR NON-INFRINGEMENT. MAGI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM THE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS FOUND ON THIS PORTAL, (C) THE UNAVAILABILITY OF THIS PORTAL, (D) ANY USE OF THIS PORTAL OR ANY CONTENT CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS PORTAL OR THE CONTENT, (F) ANY RELIANCE ON THE INFORMATION CONTAINED ON THIS PORTAL, OR (G) ANY USE OR SHARING OF A REPORT BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MAGI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONTENT OR CONDUCT OF THIRD PARTIES CONTAINED ON THIS PORTAL, AND MAGI RESERVES THE RIGHT TO REMOVE SUCH CONTENT FROM THIS PORTAL WITHOUT LIABILITY.
IN NO EVENT SHALL MAGI OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THESE TERMS OR RESULTING FROM THE USE OF OR INABILITY TO USE THIS PORTAL OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THESE TERMS, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF MAGI HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. IN NO EVENT SHALL MAGI OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR AN AMOUNT GREATER THAN $1000 USD FOR ANY CAUSE OF ACTION ARISING UNDER THESE TERMS OR ANY USE OF THE PORTAL. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST MAGI MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Magi is not responsible for the content of any third-party-linked site that is not owned or controlled by Magi, or of any other links contained in such third-party sites. Magi provides links to you for your convenience only, and the inclusion of any link to a site not owned by Magi is not an endorsement by Magi of the site or its contents. Magi assumes no responsibility for any other party's site found hyperlinked to by this Portal or on which any part of this Portal has been hyperlinked.
No permission is granted here for you to use Magi's icons, Portal address, or other means to hyperlink other Portals with any page in this Portal. You must obtain prior written permission to hyperlink in any manner to this Portal.
Magi understands that privacy and security are important to the people from whom it receives information. Such information will only be used in accordance with Magi's Privacy Policy which can be found here: click here. Reports sent to the Portal will be deleted from Magi's servers thirty (30) days after creation and will no longer be visible on the Portal.
The Content found on this Portal is the property of Magi, its affiliates and licensors, and is licensed to you for use in emergency response and law enforcement purposes only (the “Purpose”). Magi hereby grants you a perpetual, non-exclusive, restricted, non-revocable license to use the Reports for the Purpose. Some Content found on this Portal may be presented along with a list of restrictions regarding use and these restrictions may vary from one item to the next. You agree to abide by any restrictions that accompany the Content. You also agree to indemnify and hold Magi and its respective officers, directors, employees, agents, successors and assigns, harmless from and against any and all claims, suits or proceedings, demands, losses, damages, liabilities and costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or resulting from your actual or alleged use or misuse of any Content, or the infringement of any patent, trademark, copyright, trade secret, or other intellectual property right in connection with your use or misuse of the Content.
Trademarks found on the Portal including, but not limited to, “Artis Magi” are the sole and exclusive property of Artis Magi, LLC and its affiliates. Except to the extent required by applicable law, and in the absence of any express license or other grant of rights, you are not licensed or permitted to use any trade name, trademark, service mark, logo, commercial symbol, or any other proprietary property of Magi or its affiliates in any manner (including, without limitation, reference to the other party as a client, customer or supplier in any press release, advertisement or other promotional material), or to imply any affiliation whatsoever between any person or entity and Magi. Any use of the trademarks and service marks of Magi requires a fully-executed license from Magi. All benefits of such use shall inure to the benefit of Magi.
Third party brand names and logos included on this Portal are for informational and/or attribution purposes only and are the intellectual property of those third parties. Absent a separate, written agreement from a third party, you have not been granted permission by Magi to use any trademark, service mark, logo or commercial symbol, or any other branding of a third party found on this Portal in any manner.
This Portal is copyrighted by Artis Magi, LLC. The contents of this Portal, including, but not limited to, text, graphics, and icons are copyrighted materials owned or controlled by Magi and contain Magi's name, trademarks, service marks, and trade names. Neither title nor intellectual property rights in this Portal and its contents are transferred to you, but remain with Magi, who owns full and complete right, title and interest therein.
The Portal contains content which may portray the image, voice or other personal characteristic of an identifiable person who is alive or deceased. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality and publicity rights, independent from their copyright status. Before using these types of content, please ensure that you have the right to use such content under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights. Please note that some estates hold and control the personality rights of deceased individuals.
Magi controls this Portal and its Content from its headquarters in the United States. If you use this Portal and its Content from other locations, you are responsible for compliance with applicable local laws including but limited to the export and import regulations of other countries.
Magi's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. Magi may assign its rights and duties under this agreement to any party at any time without notice to you.
Questions about these Terms should be directed in writing to
Artis Magi, LLC
303 S. Talbot St #367
Saint Michaels, MD 21663
These Terms are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed in the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
In case any provision in these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.