612-293-8629 HELLO@THEMIGHTYMO.COM

Magic Wonderful Terms of Service

First up… Here’s a really quick summary, that hopefully answers most of your key questions:

Q: Is Magic Wonderful a subscription service?

A: Yes. When you sign up for this service, you are agreeing to a monthly service contract.  You are also agreeing to renew that monthly contract automatically on a monthly basis until you cancel.

Q: What if I decide to cancel?

A: We will provide great service whether you are signing up, upgrading, or canceling your account. You agree to provide us at least 15 days notice prior to the renewal of your annual contract when canceling your service.  If you ever decide you want to cancel, just give us a call at 612-293-8629 or email us at support@themightymo.com before your contract renews, and we will help you out.  NOTE: Remember that by signing up, you are agreeing to a an annual service agreement.

Q: Can I take my content with me if I decide to cancel?

A: Yes. You can take the contents of all of your posts, pages, menus, categories, users, and anything else that the WordPress Importer plugin allows you to take with you. Just make sure you migrate all of your content before canceling your Magic Wonderful subscription, as photos will only come along with you if your Magic Wonderful site is still live on the web.

Q: Can I export my design, theme options, theme, template, etc.?

A: Unfortunately, you cannot export your theme, theme settings, or anything else that is not exportable with the WordPress Importer plugin.

And last, but not least, if you have a problem with your account, or a question about what our service does and doesn’t provide, please contact us, we’re more than happy to assist.

And here’s the long version…

Magic Wonderful is owned and operated by The Mighty Mo! Design Co. LLC. We grant you non-exclusive limited license to use the web plugins, themes and other products and services sold through the website by The Mighty Mo! Design Co. in accordance with these Terms & Conditions (the “license”) issued by The Mighty Mo! Design Co.

1. Delivery

After we have successfully received your payment, your The Mighty Mo! Design Co. Membership information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within seconds. If you do not receive an email after this time period, contact us through our website. Upon logging in with the provided credentials, you will have instant access to all our themes and the support forum. Receipts will only be provided for payments, and will be sent to the email address used on signup.

2. Updates

Updates are released often for bugfixes, compatibility, or feature additions and are only available to customers who have an active membership with The Mighty Mo! Design Co.

3. API Access

Some of our services require the use of an assigned API key. You may only use your API key on sites that belong to you or those of your clients. You must maintain an active subscription with The Mighty Mo! Design Co. to make use of API services. API based services may only be accessed by our plugins designed for that purpose. You may not resell, share, or publish your API key. Violation of any of these terms will result in the immediate termination of API access and/or your The Mighty Mo! Design Co. membership. We also reserve the right to suspend API access to users that use an unusual amount of API requests or resources that we feel may impact the services to other members.

4. Plugins/Themes Compatibility

It is our duty to always keep the plugins/themes up-to-date and working with the latest version of WordPress. All our products are designed to be compatible with the latest available version of WordPress, but we can give no guarantee that products will work with older versions of WP. We are however committed to doing our best to ensure all our products are compatible with future versions of WordPress within 24 hours of any release.

5. Browser Compatibility

Our plugins and themes support all modern web browsers including (but not limited to) Firefox, Safari, Chrome (all on PC & Mac) & Internet Explorer. Whilst we strive to give a seamless & near-identical experience across each of these browsers, it is impossible to compensate for the lack of web standards support (relating to HTML & CSS) in some of these browsers. In the case of a browser not support certain web standards, we will include a generic workaround for that browser, which will degrade a specific function / feature gradually and in a way that doesn’t affect the user experience negatively.

6. Ownership

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of The Mighty Mo! Design Co. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

7. Subscriptions

Magic Wonderful is a subscription package offered by The Mighty Mo! Design Co., and all products are subscription based. Please take note that all subscriptions will be automatically renewed at the end of your subscription period, by our merchant (PayPal Pro or Pay Simple). If you wish to cancel your subscription (i.e. you would not like to extend it with a similar extension to your existing one), then you need to call and/or email us at support@magicwonderful.com at least 15 days before your next scheduled subscription payment. No exceptions will be made in this regard and if your subscription payment is automatically renewed, we will assume that you have done so with your express permission. No refunds whatsoever will be given for scheduled subscription payments, except in the case it is due to billing errors caused by The Mighty Mo! Design Co. We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate. You may not resell, share, or publish subscription credentials or access.

8. Member Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not The Mighty Mo! Design Co., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Mighty Mo! Design Co. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will The Mighty Mo! Design Co. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use these Services to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, an The Mighty Mo! Design Co. LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialog, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. “stalk” or otherwise harass another; and/or
  14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

9. Refund Policy

If you can demonstrate to us that the plugin, theme or service you have purchased from us does not work due to technical issues and that you have sought support for this (please send us a link to your support post or posts) and you have not received instructions, assistance or bug fixes on how to fix the issue, you have our apologies and we will refund a fair portion of your membership fee.

We guarantee that all of our plugins will work as advertised, wil be upgraded and you will receive support for any issues you have with them, HOWEVER, this does not cover you deciding you don’t like some aspect of the plugin, theme or service, or would prefer a different product.

So, if you wish to receive a refund, please take the following steps:

  • Please contact support via email at support@themightymo.com and describe the technical issue you are having.
  • Please give us time to assist you as much as possible (while we aim to get to you in under and hour, this may take a few days to look into in detail and analyze and assist with tricky technical stuff).
  • If we have been unable to assist you, and the plugin, theme or service is proven as not working please contact us with the links to your support threads and any other information you can provide for us.
  • First we will look into the issue and do everything we can to see if we can assist you (we don’t want to lose you as a member!) if that fails and we are culpable then we wil issue you a full refund, with our apologies.
  • We ask for your patience and understanding in allowing us the opportunity to resolve any issues you might have.

10. Claims, Chargebacks and Disputes

If you choose to file a claim with your credit card company, PayPal, or Pay Simple then you will not be provided under any circumstances with a refund – further you will be banned from using The Mighty Mo! Design Co. at any time in the future.

Filing these claims is an unnecessary, time consuming, expensive and bureaucratic process for all parties involved – it’s a path often used by people aiming to defraud us and we will fight all claims to the bitter end.

We keep records of all member activity which we will submit to PayPal, Pay Simple, and/or credit card companies, this will often cause us to be able to win the claim and damage your credit rating with your credit card provider, PayPal, or Pay Simple.

Let’s not be nasty to each other, we want to help, please contact us instead.

We believe that this is reasonable as we offer above (9) a completely sensible path to a refund and we are 110% committed to helping you out.

11. Support

The Mighty Mo! Design Co. offers these plugins and themes ‘as is’, with no implied meaning that they will function exactly as you wish or with all 3rd party components and plugins. Further, we offer no support via email or otherwise for installation, customization, administration of WordPress itself. In order to receive support for any product you MUST be using the most recent version of that product. The Mighty Mo! Design Co. makes no guarantees and cannot provide support to anyone using out-dated or otherwise altered versions of our products.

12. Price Changes

The Mighty Mo! Design Co. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. Prices of all subscriptions and products, including but not limited to monthly subscription plan fees, are subject to change at any time. Such notice may be provided at any time by posting the changes to the The Mighty Mo! Design Co. website.

13. Warranty

Our plugins/themes are guaranteed to function on a clean installation of WordPress. We do not guarantee they will function with all 3rd party plugins or unsupported web browsers. We are not responsible for any plugin/theme compatibility conflicts that may occur. It is our policy to support our products as best we can and we will provide support for 3rd party plugin conflicts at our discretion or as time allows. We are not responsible for any data loss that may occur as a result of installing these products.

14. Indemnity

You agree to indemnify and hold The Mighty Mo! Design Co. and its Affiliate Companies, and their officers, agents, employees, partners, and licensees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

(Our company reserves the right to change or modify current Terms and Conditions with no prior notice.)

15. License

All The Mighty Mo! Design Co. Plugins, Themes and Support are provided as is under the license dictated by each theme and plugin.

16. Newsletter

By entering your name and email address into any of the forms on our website you consent that you are subscribing (that you have “opted-in”) to our free email newsletter. This newsletter is offered as a free service by The Mighty Mo! Design Co. and no purchase is necessary. If you do not wish to receive our newsletter you can easily unsubscribe at any time by clicking the unsubscribe link provided at the bottom of every email.

The Mighty Mo! Design Co. NEVER shares or sells your email address to third parties.

17. Website Data Usage Collection

We track basic usage of our products through the The Mighty Mo! Design Co. Dashboard plugin. This plugin tracks the following information: WordPress/BuddyPress version and size, installed The Mighty Mo! Design Co. products, product version(s), and site url. The The Mighty Mo! Design Co. API does NOT track any personal or user information. Data is not sold or shared with any third party and is only used for statistical and support related requirements.

Updates available to customers who have an active subscription with The Mighty Mo! Design Co. All products are always designed to be compatible with the latest available version of WordPress, but we can give no guarantee that products will work with older versions of WP. We are however committed to doing our best to make all the themes compatible with future releases of WordPress within 24 hours of any release.

© 2012 — 2013 The Mighty Mo! Design Co.

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