1. LICENSE AND ACCEPTANCE:

Please read this contract carefully.

This is a legal agreement between you (customer) and 123creative.com (reseller of digital product). By using all or any portion of the software customer accepts all the terms and conditions of this agreement. This license agreement is his proof of license to exercise the rights granted herein and must be retained by customer. As between customer and 123creative.com, 123creative.com retains all title to and ownership of the software product and reserves all rights not expressly granted to you.

 

2. LIMITATIONS:

Any of the products, either in whole or in part, MUST NOT be used on any machine which is used for the research, development, construction, testing or production of weapons or other military applications. This also includes any machine which is used in the education for any of the above mentioned purposes, as well as people who accept, support or use any kind of violent or other aggressive behaviour against other people or animals.

 

3. TERMS AND CONDITIONS OF USE:

All product posted at 123creative website are not free (except products free for download). If any person use it, he must to legally purchase it at 123creative.com website. By using 123creative.com products the customer agree with Licence agreement / Terms, that defines how customer can use purchased product, what is allowed / not allowed. In music production products: the customer's registration will grant him the personal license to use full version of this product to its full extent, including the royalty-free use of the software product in your productions, recordings and / or performances. Obtained music software is for personal use only and cannot be given to any other person. The customer are permitted to load, install and use the software contained in this package on two computers provided that such installations are for his own use only. If customer violates the terms of the license, 123creative.com has the right to terminate your license, without any obligation to customer.

 

4. DISTRIBUTION:

The customer may not distribute full, alpha and beta versions of the software product in any form without prior written permission from 123creative.com. It is strictly prohibited to distribute, lend, rent or sell full, alpha or beta versions. The customer undertakes not to copy the software or otherwise reproduce the same provided that he may copy the software for back-up or installation purposes as laid out within the terms of this licence.

 

5. DECOMPILING, DISASSEMBLING OR REVERSE ENGINEERING:

The customer acknowledges that the music software product contains trade secrets and other proprietary information of 123creative developer and his partners (software engineers and sound designers). Except to the extent expressly permitted by the laws of the jurisdiction where customer is located, he may not decompile, disassemble or otherwise reverse engineer the software product, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the software product. In particular, customer agrees not for any purpose to transmit the software product or display the object code on any computer screen or to make any hardcopy memory dumps of the object code. If you believe you require information related to the interoperability of the software product with other programs customer should request such information from 123creative.com. Upon receiving such a request, 123creative.com will determine whether customer requires such information for a legitimate purpose and, if so, 123creative.com will provide such information to customer within a reasonable time and on reasonable conditions. The customer undertakes not to translate, adapt, vary or modify the software.

 

6. COPYRIGHT, PATENTS, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

The copyright and other intellectual property rights in this music software is owned by 123creative developer and his partners (software engineers and sound designers). The customer acknowledges that any and all of the copyright, trade marks, trade names, patents, and other intellectual property rights subsisting in or used or in connection with the software including all documentation and manuals relating thereto are and remain the sole property of the 123creative developer and his partners (software engineers and sound designers). The customer shall not during or at any time after the expiry or termination of this licence in any way question or dispute the ownership by the 123creative developer and his partners (software engineers and sound designers) thereof.

 

7. WARRANTY:

The customer acknowledges that the software is not error-free and agrees that the existence of errors does not constitute a breach of this License. Software product is provided for use "as is" without warranty of any kind. To the extent permitted by the applicable law, 123creative.com disclaims all other warranties with respect to the software either express or implied including but not limited to any implied warranties of merchantability, or fitness or quality for any particular purpose and/or use. 123creative.com is not obligated to provide any updates or upgrades to the software product.

 

8. LIABILITY:

Use of The Software is entirely at customer's own risk. 123creative.com shall not be liable to customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this licence or the software, its use, installation or otherwise except to the extent that such liability many not be lawfully excluded under the law. Not withstanding the generality of (a) above 123creative.com expressly excludes liability for indirect, special, incidental, or consequential loss or damage which may arise in respect of the software, its use, the system or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings. In the event that any exclusion contained in this licence shall be held to be invalid for any reason and 123creative.com becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the licence fee paid by customer for the software.

 

9. TERMINATION:

The customer's Licence shall terminate forthwith if he is in breach of any terms condition or provision of this licence. Upon termination customer shall remove all of the software and documentation covered by this licence that is recorded on the hard disk of any computer under his control.

 

10. PRODUCT ACTIVATION:

Some of the products need to be activated by entering the serial number. The serial number is assigned to customer by the purchase and is for his usage only.

The customer shall not pass it to any party, who has not purchase the software. In the case this serial number will be abused in any way, 123creative.com can track easily the owner and claim compensation as illegal spread of software.

 

11. REFUND AND RETURN POLICY:

No Refund Policy on all of software products! 123creative does this because we offer digital products, which are available for customer after his purchase as download links. If customer purchases one of the products, after his payment has cleared, an email will be sent to him with the full version (or registration key and password to unlock the software if needed). Once this information is emailed to customer, there will be no refunds given.

 

INSTALLING THE PRODUCT FILE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

 

GENERAL DATA PROTECTION REGULATION (GDPR)

 

1. WHAT DATA DO WE COLLECT?

Each customer chooses a payment method that meets his requirements, therefore it is not necessary to provide all the following data.

Customer's email must be provided in order to successfully process the order, make a payment, receiving the product, create customer's account (not necessary in PayPal Express Checkout), communicate with reseller (123creative.com) via the contact form and/or receive reseller's newsletter (optional).

Data related to customer's identity, such as his firstname, lastname and full postal address for creating an invoice and phone number (not necessary in PayPal Express Checkout).

Data about customer's order, as a shopping cart content and paypal email address used for the payment, registration date (date when the customer made a purchase).

- Data related to registered users via „Create your account“, such as date of your last visit, update date (date of your last change in your account), age (optional), sign up for our newsletter including receiving updates of purchased product/s (optional), receive special offers from our partners (optional), IP address.

No additional data are collected or stored!

 

2. HOW WE COLLECT CUSTOMER'S DATA

The reseller directly collect only the data, that customer enter into the „Create your account“ form, shopping cart, contact form (his email and message text) and with subscribing to the newsletter (his email), when the customer request product for free download (his email). The customer provides his data (email) on a voluntary basis. The customer has the right and he should read terms of use and privacy policy before posting his data into 123creative.com website. These information is visibly available by each option of data entry.
The reseller indirectly collect customer's data through cookies and tracers for google analytics purposes only.
The last method the reseller can get in touch with customer's data is when he make the order with PayPal payment option. In this case PayPal share customer's data mentioned in article 1. to process his order.

No additional ways are used to collect customer's data!


3. WHY WE COLLECT CUSTOMER'S DATA?

The answer is really simple, reseller need to know, where to send customer's order, product updates and newsletter, to whom create an account and an invoice and fulfill the contract.


4. WHO PROCCESS CUSTOMER'S DATA?

The data are accessible only for the employee who is managing technical support to answer customer's question or user problems, managing the invoicing and payments. The reseller use third party email software Mailchimp and SendBlaster for sending and managing his mailing list.

123creative.com does not provide or share in any way customer's data with next third party organizations or individuals!


5. HOW LONG ARE STORED CUSTOMER'S DATA FOR?

The reseller only stores customer's data for the period necessary for the purposes explained in Article 3. If also customer's account has been created together with his order, the data are stored for as long as customer's account remains active. Logically, without storing the data customer can't login. Also reseller need to store customer's data relating to the invoice for legal purposes for 5 years.


6. HOW CAN YOU REVIEW WHAT WE HAVE STORED ABOUT YOU?

If the customer created account at 123creative.com website, he can log in to the account and see what data are stored about him.
If the customer made purchase via PayPal Express Checkout he can ask 123creative support at info(at)123creative(dot)com for providing stored data related to him. This way customer can verify that seller has only data mentioned in Article 1 and nothing more. We have 30 days to response.


7. HOW CAN CUSTOMER CHANGE / DELETE HIS STORED DATA?

The customer can request 123creative.com support at info(at)123creative(dot)com to close his account, change or delete customer's data at any time. After that customer will not be able to log in to his account, request purchased product again or request product updates anymore as all data related to customer (including login data) will be deleted. The reseller need to store customer's data relating to the invoice for legal purposes for 5 years. We have 3 days to response. After this time the customer can ask for removing data related to his purchase.


8. HOW IS CUSTOMER'S DATA PROTECTED?

Customer's data is stored on secure servers protected by modern firewalls and professional antivirus software. The reseller has implemented technical and organisational measures intended to protect the security and confidentiality of customer's data against any accidental loss and any unauthorised access, use, modification or disclosure.

Given the inherent characteristics of the Internet, reseller cannot guarantee the optimal security of information exchanged over this network. The reseller strive to protect customer's data but cannot guarantee the absolute security of information sent to 123creative.com website. Customer agree that he provides his data at his own risk. The reseller cannot be held liable for any failure to comply with privacy settings and security measures implemented on 123creative.com website. As such, customer agree that the security of his information is equally his responsibility. For example, it is customer's duty to keep secret his password enabling his to log in to his user account. Do not disclose it to third party.
The customer should be careful when he disclose information on public sections of 123creative.com website. They can be consulted by any user of 123creative.com website.


9. WHAT ARE CUSTOMER'S RIGHTS?

The customer can choose how the data he provides is used. The customer can decide to no longer receive 123creative Newsletter, personalised offers and product updates. In this case, customer can unsubscribe at any time by reply „Remove“ at received email or by clicking on „unsubscribe“ in the email. The customer can decide to remove all his data from 123creative.com server. As stated in Article 6. in this case, customer will not be able to use his account anymore. The customer has right to access and correct his data anytime.

In accordance with the provisions of the applicable regulations regarding Data protection, namely the European General Data Protection Regulation 2016/679 (GDPR) and the Slovak Data Protection Act no. 122/2013 and its amendments Act no. 84/2014, the customer has the right to access and correct his data. The customer also has the right to stipulate directives relating to the fate of his data in the event of his death. Furthermore, subject to the conditions of the aforementioned regulation for exercising his rights, the customer has

- The right to erasure of his data.

- The right to limit processing of his data.

- The right to object to the processing of his data on legitimate grounds, in accordance with article 21 of the GDPR.

- The right to portability for the data he has provided.

- The right to withdraw consent, when it has been asked. When processing of his data has

occurred based on his consent, the customer may withdraw that consent at any time. However, he acknowledge that any processing that occurred before his consent was withdrawn remains entirely valid.

However, in accordance with Article 12.6 of the GDPR, when the customer exercises these rights, 123creative.com, as the controller, reserves the right to require proof of his identity. Please be aware that the data required to prove customer's identity will be deleted once reseller has responded to customer's request.

The customer can exercise his rights by sending an email in English or Slovak to info(at)123creatie.com

123creative.com is required to reply within one (1) month to all requests regarding the exercising of these rights. This timeframe may be extended to two (2) months for complex requests and large request volumes.

 

The contractor / manufacturer is:

123creative.com is represented by:

01011010 digital media group
Holuby street
921 01 Piestany
EUROPEAN UNION

 

Last updated on 25.5.2018

 

 

 

 

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