Magnify Creative

Terms and Conditions

Last updated: December 30, 2025

1. AGREEMENT TO TERMS

These Terms of Service (the “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “Customer”) and Magnify Creative, LLC (doing business as Magnify TV) (“we,” “us,” or “our”), concerning your access to and use of the https://mymagnifycreative.com website, the Magnify TV digital signage platform, media players, and any related media forms, channels, mobile websites, or applications related thereto (collectively, the “Service”).

You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.

The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

Limited License: Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service strictly for your internal business purposes or personal use in accordance with your subscription plan. You may not reverse engineer, decompile, or attempt to extract the source code of the software.

3. USER REPRESENTATIONS

By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Service for any illegal or unauthorized purpose; and (7) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.

4. SUBSCRIPTIONS, BILLING AND HARDWARE

Subscription Plans: The Service is billed on a subscription basis (Monthly or Yearly) as selected by you. You authorize us to charge your provided payment method for all fees incurred. Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it at least 24 hours before the renewal date. Refunds: Payments are non-refundable. There are no refunds or credits for partially used periods. Hardware: If you purchase or lease hardware (e.g., Media Players) from us:

  • Shipping: Title and risk of loss pass to you upon our delivery to the carrier.

  • Warranty: We warrant that hardware provided by us will be free from material defects for a period of one (1) year from the date of shipment. This warranty covers manufacturer defects only and does not cover damage caused by misuse, accidents, or unauthorized modifications.

  • Leased Hardware: If you lease hardware, it remains the property of Magnify Creative, LLC. Upon cancellation of service, you must return leased hardware within 14 days, or you will be charged the full replacement cost.

5. PROHIBITED ACTIVITIES

You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to:

  1. Malicious Use: Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Service.

  2. Illegal Content: Use the Service to display content that is defamatory, obscene, pornographic, incites violence, or violates any applicable law.

  3. System Abuse: Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.

  4. Data Mining: Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  5. Security Breaches: Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.

  6. Copying: Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  7. Competition: Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise (unless agreed upon in a Reseller Agreement).

  8. Harassment: Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.

6. USER GENERATED CONTRIBUTIONS (MEDIA & CONTENT)

You retain all rights and ownership of the images, videos, text, and data (“Contributions”) you upload to the Service. However, by uploading Contributions, you grant us a worldwide, royalty-free license to host, store, copy, and display your Contributions solely as required to provide the Service to your screens.

You represent and warrant that:

  1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions.

  2. Your Contributions do not infringe the proprietary rights, including copyright, patent, trademark, or trade secret rights of any third party.

  3. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable.

We have the right, in our sole and absolute discretion, to (1) remove any Contributions that violate these Terms; and (2) terminate accounts that repeatedly violate these standards.

7. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

8. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

9. MODIFICATIONS AND INTERRUPTIONS

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.

10. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law: These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah.

Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will take place in Utah County, Utah.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

11. DISCLAIMER

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, OR (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

12. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.

14. USER DATA

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

15. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

16. CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

Magnify Creative, LLC (Magnify TV) Lehi, Utah Phone: (801) 210-9390 Email: eric@mymagnifycreative.com