Terms and conditions

  1. Introduction

  2. These terms of use govern your use of Jumble; by using Jumble, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use or subscribe to use Jumble.
  3. If you register with e-Magik, we will ask you to expressly agree to these terms of use.
  4. Jumble uses encrypted keys and transport based on information you provided during registration. By using Jumble and agreeing to these terms of use, you consent to our use of this information in accordance with the terms of our privacy policy
  5. Licence to use Jumble

  6. Unless otherwise stated, we or our licensors own the intellectual property rights in Jumble and material on our website. Subject to the licence below, all these intellectual property rights are reserved.
  7. You may, download for installation purposes only, and make copies of Jumble for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
  8. You must not without our written permission:
  1. redistribute Jumble (including distribution on another website);
  2. sell, rent or sub-license Jumble;
  3. show any code from Jumble in public;
  4. reproduce, duplicate, copy, reverse engineer or otherwise exploit Jumble for a commercial purpose;
  5. edit or otherwise modify any material on our websites; or
  6. redistribute material from from our websites except for content specifically and expressly made available for redistribution (such as our user guides).
  1. Acceptable use

  2. You must not use Jumble in any way that causes, or may cause, damage or impairment of the availability or accessibility of the website or services you have subscribed to; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  3. You must not use Jumble to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  4. You must not conduct any systematic or automated data transfer that violates copyright law this includes, streamed entertainment, movies, music and any other media or content owned by parties other than yourself. You must not use Jumble to transmit or send unsolicited commercial communications.
  5. You must not use Jumble for any purposes related to marketing without our express written consent.
  6. Restricted access

  7. Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
  8. If we provide you with a username and password to enable you to access restricted areas of our website or other content or services or use Jumble, you must ensure that your password is kept confidential.
  9. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
  10. You are responsible for any activity arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  11. We may disable your user account at our sole discretion without notice or explanation.
  12. Transport of User generated content

  13. In these terms of use, ‘your user content’ means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to your services providers using Jumble, for whatever purpose.
  14. Your content is subject to your service provider’s term of use. e-Magik is not liable or subject to these terms as set forth in your service provider’s terms of use. You will hold e-Magik free from any litigation or liability.
  15. You warrant and represent that your user content will comply with these terms of use.
  16. Your user content when transported using Jumble must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
  17. Your user content must not when in transport using Jumble:
  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy, or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be in breach of official secrets legislation;
  10. be in breach of any contractual obligation owed to any person;
  11. depict violence in an explicit, graphic or gratuitous manner;
  12. be pornographic or sexually explicit;
  13. be untrue, false, inaccurate or misleading;
  14. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  15. constitute spam;
  16. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  17. cause annoyance, inconvenience or needless anxiety to any person.
  1. Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
  2. You must not use Jumble to breach the provisions of these terms of use.
  3. Notwithstanding our rights under these terms of use in relation to user content in transit, we do not undertake to monitor the submission of such content to your service provider or any other party you may be connected to.
  4. User Registration Subscribing

  5. By subscribing to our services you agree to the terms and conditions as set forth in this agreement and our privacy statement.
  6. A subscriber is a single user and as such must not have multiple users of their subscription.
  7. A subscription to use our services is comprised of three components. To be considered as subscribed you must select the following items during enrollment:
  1. A time period including renewal and your approved payment method.
  2. Connectivity services as specified by e-Magik at the time of enrollment.
  3. A data usage package.
  1. Group Subscription

  2. A group subscription option is provided during enrollment. This option allows a time period including renewal and approved payment method to be connected to, two (2) or more users.
  3. A group subscription owner is the business entity or person that the subscription time period including renewal and approved payment method is connected to.
  1. Group user administration is the responsibility of the group subscription owner.
  2. We will only communicate with the group subscription owner regarding payment processing, account management, support or any other communication that may be deemed necessary.
  3. User administration is provided through our services menu item provided to the group subscription owner.
  1. A subscription is non transferable. You may not resell, lease, rent or provide a group subscription user account that results in your financial gain without our express written permission.
  2. Doing so will result in immediate termination of your group subscription account. No refund will be provided to you. We reserve the right to legal action in the matter of your breach of this agreement. You agree that you will hold us free from any liability or litigation by you or any third party that your breach of this agreement may have caused.
  3.  General Subscription Information

  4. A data usage package is provided to you as the total available data usage based on your subscription duration. We monitor your usage monthly and will notify you if your average usage exceeds the monthly data usage package you selected.
  5. If you exceed your data usage package level before your subscription is up for renewal. We may suspend your services until you have purchased an additional data usage package. Your subscription will continue to be active. We will notify you of the suspension fourteen (14) days prior to suspending your services.
  6. It is your sole responsibility to maintain and provide all; Internet connectivity, equipment such as computers and other Internet connected devices, software including operating systems, applications and any other service or device necessary to maintain your Jumble subscription.  
  7.  Cancellation

  8. Should you decide to cancel your subscription. Your subscription fee and services charges are nonrefundable. If you have remaining data usage credits we will refund these funds directly to you minus any transfer, banking, check and/or credit card charges. In the event that these charges prove to greater than the the refundable amount, we will contact you and provide you with a listing of these charges. You agree that these charges if greater than the refund will result the refund being canceled. If you agree to pay these charges we will promptly refund you data usage credits.            
  9. Limited warranties

  10. You acknowledge that some of the information published on our websites is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on our website; nor do we commit to ensuring that our website remains available or that our website is kept up-to-date.
  11. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to Jumble and the use of Jumble (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
  12. The Software is provided “as is” without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.
  13. e-Magik warrants the digital storage of the Jumble application binaries to be free from defects and to contain no additional applications or bundled services if downloaded directly from e-Magik.(Jumble Secure Application Download)
  14. Limitations and exclusions of liability

  15. Nothing in these terms of use will:
  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.
  1. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
  2. To the extent that Jumble and the transport and provider services are provided as a subscription, we will not be liable for any loss or damage of any nature.
  3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  4. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
  5. We will not be liable to you in respect of any loss or corruption of any data, database or software.
  6. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
  7. You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with Jumble or the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
  8. You agree to the publication of your comments, reviews and/or feedback relating to Jumble, We expressly reserve the right to monitor and moderate comments made relating to Jumble. You agree that your comments will be considered public alter you have them submitted to e-Magik.
  9.  Indemnity

  10. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
  11. Breaches of these terms of use

  12. Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
  1. send you one or more formal warnings;
  2. temporarily suspend your access to your Jumble account;
  3. permanently prohibit you from accessing or creating an account on Jumble;
  4. blacklist your computers and devices accessing Jumble;
  5. bring court proceedings against you for breach of contract or otherwise;.
  1. Where we suspend or prohibit or block your access to Jumble or all or part of our services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  2. Third party websites and applications

  3. Jumble transports your connection to other websites owned and operated by third parties. We have no control over the contents, availability and/or the services provided by third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  4. You may be using installed applications on your device owned by third party developers these applications may be connecting and transporting data to the owners or licensee of these applications.  We have no control over the contents, availability and/or the services provided by third party applications or services, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  5. Trade marks

  6. Jumble and the Jumble logo are trademarks belonging to Engineered Magik INC. DBA e-Magik. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
  7. The other registered and unregistered trademarks or service marks on Jumble are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  8. Jumble Pre-ordering  

  9. From time to time we may elect to provide a Jumble pre-ordering campaign on website and other third party websites. These campaigns will be subject to these terms and conditions and our privacy statement.
  10. Pre-ordering (pre selling) will be based on a single subscription format comprised of a predetermined service set and data usage package. Discounts and special incentives may apply to these pre-ordering campaigns.
  11. All pre-orders sales are final and are subject to the terms conditions as set forth in this agreement.
  12. Variation

  13. We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of Jumble from the date of the publication of the revised terms of use on this website. Please check this page regularly to ensure you are familiar with the current version.
  14. Assignment

  15. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
  16. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
  17. Severability

  18. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  19. Exclusion of third party rights

  20. These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
  21. Entire agreement

  22. These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of Jumble, and supersede all previous agreements in respect of your use of this website.
  23. Law and jurisdiction

  24. These terms of use will be governed by and construed in accordance with United States law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Delaware.
  25. Registrations and authorisations

  26. Our EIN number is available upon request by contacting shop@e-magik.com.
  27. Our details

  28. The full name of our company is Engineered Magik INC.
  29. We are registered in Delaware under registration number 5401891. .
  30. Our registered address is:
  31. 1032 West Lee St. – Greensboro, NC 27403
  32. You can contact us by email to info@e-magik.com.