LAUNCHMEUP by MAGICZEE
END USER LICENSE AGREEMENT (EULA)
Copyright © 2023 MAGICZEE, All rights reserved
1. PREAMBLE
Will hereinafter be called:
LICENSEE: any person using the LAUNCHMEUP software necessarily under this license, whether or not registered as a member
MEMBER: all people who have registered on the MAGICZEE.COM site as a FREE or PRO member. When CREATING their account, the member is prohibited from using any false identity or identity belonging to a third party.
CREATOR: all people who come to post themes on the MAGICZEE.COM platform.
All of these 3 names are referred to as “USER”.
CREATION: designates all the themes available on the MAGICZEE.COM site.
LAUNCHMEUP: software allowing communication with the MAGICZEE.COM platform and the execution of themes on the USER’S computer
MAGICZEE.COM: the internet platform allowing the sharing of themes between users.
MAGICZEE: owner and publisher of the LAUNCHMEUP software as well as the MAGICZEE.COM platform
The applicable conditions are the latest published by the publisher MAGICZEE.
2. SERVICE OFFERED
MAGICZEE offers its community of USERs the opportunity to share, exchange and download themes via the MAGICZEE.COM platform that can be executed with the LAUNCHMEUP software.
3. LICENCE
This license constitutes a legally binding agreement between you, as a USER, and MAGICZEE, the company publishing the LAUNCHMEUP software. You agree to comply with the provisions of this agreement when installing, copying and using the Software. If you do not agree to these terms, you cannot recover, install, or use the LAUNCHMEUP software.
MAGICZEE retains all rights not explicitly granted under this license, including the right to update the terms of this license.
MAGICZEE owns all of the LAUNCHMEUP software code, as well as the MAGICZEE and LAUNCHMEUP brands. Acceptance of these terms does not grant any license rights to the source code, trademark, copyright or other intellectual property rights.
International copyright and intellectual property laws and agreements are in effect to protect both LAUNCHMEUP software and its owners.
The LAUNCHMEUP software is distributed under license.
4. WARRANTY/LIABILITY
The software is provided in its current state. No warranty, whether express or implied, is granted. Use of this software is at your own risk. The publisher of the LAUNCHMEUP software cannot be held responsible for any loss of data, direct or indirect damage, including unforeseeable damage, nor for repairs for moral violations, loss of profits, or any other harm, whatever its origin or nature, resulting from the exploitation or misuse of this software and its platform.
The user accesses and uses the LAUNCHMEUP software and the MAGICZEE.COM platform at his own risk. MAGICZEE only assumes an obligation of means for all stages of access to the site, the sharing and downloading process, as well as for subsequent services.
In the event of prosecution, MAGICZEE undertakes to provide the competent authorities with all data concerning any user of MAGICZEE.COM. The offender will be required to fully cover all reimbursements and fines resulting from the procedure.
CREATIONS posted on MAGICZEE.COM must be in compliance with the principles of public order and good morals.
MAGICZEE assumes no responsibility for links to content external to its site.
All CREATIONS published on MAGICZEE.COM are intended exclusively for private and personal use, unless authorized by their author.
MAGICZEE reserves the right to close an account or suspend a member at any time if deemed appropriate.
5. INTELLECTUAL PROPERTY
The visual elements, CREATIONS, texts, names and logos present on MAGICZEE.COM are the property of their CREATORS and, as such, benefit from the protection of intellectual property and exploitation rights.
Any member who publishes a CREATION on MAGICZEE.COM guarantees to be the author of this CREATION or to hold all the associated intellectual property rights, without infringing the rights of third parties. This encompasses all multimedia elements included in the CREATION. The member undertakes to release MAGICZEE from any claims emanating from third parties.
CREATIONS whose intellectual property rights do not appear to clearly belong to the CREATOR will be refused by MAGICZEE.COM.
The CREATOR certifies being the original author of the CREATION or holding the exclusive rights to the CREATIONS submitted. In the event of non-compliance with this condition, the CREATOR is exposed to legal proceedings initiated by MAGICZEE, potential users of objects created by MAGICZEE, as well as by the original authors of the CREATIONS.
If a CREATION represents objects or brands protected by specific copyrights (such as the intellectual property code, image rights, property rights, design rights, protected trademark rights , the right to the image of people), it is the responsibility of the CREATOR to obtain authorization from the holders of these rights for the distribution, use and exploitation of this CREATION.
To request removal of pages or themes for violation of intellectual property rights or copyrights, rights holders should send an message here : https://www.magiczee.com/en/contact-us/.
6. LITIGATION
This contract is governed by French legislation.
In the event of a dispute concerning the interpretation, partial or total execution, or non-execution of these general conditions, the parties will endeavor to resolve amicably and in good faith any dispute which may arise between them. The member will first seek to find an amicable solution by contacting MAGICZEE.
7. CONFIDENTIALITY AND DATA COLLECTION
Full use of the LAUNCHMEUP software requires the CREATION of a member account on the MAGICZEE.COM site, in the form of a subscription. The user has full control over their data, including the ability to modify or delete it. This information is collected exclusively for the purpose of maintaining communication between the publisher of the LAUNCHMEUP software and its users and to guarantee the proper functioning of the LAUNCHMEUP software. Under no circumstances will this data be sold or transferred outside the MAGICZEE.COM platform.
In order to guarantee the protection of the information collected, we have implemented security measures in accordance with international data management standards.
8. GRANT OF LICENSE
Terms of use :
As part of a FREE subscription, the LAUNCHMEUP software will be provided only for personal domestic use. It is possible to install and use the software on multiple computers for non-professional use only, without the intention of obtaining any commercial advantage or monetary compensation. The sale, distribution or rental of LAUNCHMEUP software is also prohibited.
As part of a PRO subscription, the software can be used in a professional or commercial context for one PC per subscription, for a period of one year.
9. LIMITATIONS
LICENSEE may not reverse engineer, recompile, disassemble, modify, and translate the Software and make any attempt to discover the source code of the Software. Its recovery (installer) must only be done from the official website “MAGICZEE.COM”.
Likewise, the use of the LAUNCHMEUP software for illegal purposes, in violation of the laws in force, is prohibited. It is strictly prohibited to use, display or distribute this software in association with content of a pornographic, racist, vulgar, obscene, defamatory, offensive nature, or those encouraging hatred, discrimination, or displaying well-founded prejudices. based on religion, national heritage, race, sexual orientation, age, or in violation of intellectual property rights and the right to privacy.
The CREATOR guarantees that the CREATION media does not contain any computer programs designed to damage or intercept computer systems, data or personal information, nor viruses likely to cause such damage.
10. RIGHTS AND OBLIGATIONS OF MAGICZEE
MAGICZEE reserves the right to reject without obligation to provide justification any CREATION which would be considered inappropriate to appear on its platform, due to its content or for any other reason.
MAGICZEE also has the possibility to exclude a CREATION or a CREATOR, to block the account of a CREATOR, and therefore, to refuse access to all or part of its services.
It is important to note that MAGICZEE does not in any way claim rights to the CREATIONS provided by the CREATORS. Therefore, by submitting a CREATION to MAGICZEE, the CREATOR explicitly acknowledges that neither the platform nor its administrators are responsible for the misuse that could be made of the CREATIONS or the objects reproduced from these CREATIONS.
11. SUPPORT
Support will be provided by a wiki accessible to all, directly by the community or by the author of the software.
A support email address is available for PRO members, it was sent to you in the LaunchMeUp purchase email.