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.

 

123creative music visualizer video service:

 

Customer is:

Music visualizer  service is intended only for customers - individual persons. The main subject of the contract is non-exclusive video / music animation / visualizer service – non-exclusive video file – usually artistic computer animation modified for customer with his artist’s name / pseudonym / song name etc. Due to bureaucratic law, if the customer is entrepreneur / company interested in buying of music visualizer  service, please contact 123creative via email and 123creative will give you next instruction about the order / payment. The customer is not exclusive owner of original video look / animation / design. The customer is purchasing only rights to distribute and use processed music video for promotional use of his / her own music only in range described in this license. The customer is single user of processed video with his / her own artist's features.
Warning: Please note that this video service / video product is not appropriate for people suffering from epilepsy or other mental illness where a person is sensitive to fast image changes.

 

Product - subject of sale:

The subject for unlimited re-sale is video service, where the original video animation is customized according to provided information from the customer. The subject of sale is non-exclusive copy of the original video that is currently visible at 123creative website (video animation/music visualizer made and modified by 123creative is non exclusive = after modification can be sold to multiple clients by 123creative in future). Each video animation is changed/customized according to information provided from each customer. The customer can choose only one version of video from single product page.

Graphic preview of editable video areas is presented at product page. Including Artist / producer name, Music song name, EP / Album name / music label name, Artists logo / website / SoundCloud or other social media data. No another data cannot be applied to the processed video - this fact cannot be used as the subject of a complaint or money refund, video also cannot be processed without artist name and song name text. Further the customer provides his / her own music (in mp3 or wav format) for video processing The customer can provide only copyrighted music that he / she created by himself / herself (customer guarantee and is responsible for all copyrights and trademarks – that he is 100% owner of the provided music). 123creative has only right to use customer's text data and music for creating video according to customer's order. After finishing the order 123creative is obliged to delete music and text data from his our computer / video software within 2 months. The result of video service is processed video in mp4 format, changed according to provided information from customer.

 

Seller (video owner) is:

123creative is the seller, official creator and exclusive owner of these original videos and copyrights. 123creative team generate each video according to information from customer. The seller has the rights to sell unlimited number of copies of original video. Each sold video is customized for customer. Copying, saving or using this video without purchase from Eplex7.com is prohibited. Creative common public resources (or graphic elements with the consent of the author) could have been used to create original videos.

 

Video service order / purchasing process:

Before payment is the customer is acquainted with the all editable areas of the video. The video will be processed according to binding choosed features for video processing. Additional changes cannot be included in the processed video within existing order. After payment the customer will download PDF instruction about 3 easy steps how to proceed (regarding secure delivery of the necessary data for video processing). The instruction is downloadable from the email, that was delivered to customer's mailbox. This email is delivered to customer's email address that was used for the payment. The customer can download this instruction from his / her account at 123creative website. 123creative team generates only one video according to information from customer within one order / payment. No revisions are possible. In case of any doubts, the customer can ask for advice via email. This notification is posted at product page.

.

Processed video delivery:

Final video is delivered until 1 – 4 working days as digital product for download via wetransfer.com. Since each video is generated manually, the maximum waiting time is 5 days in busy period.

The customer is informed about the need to make back-up copy of processed / delivered video (on two different backup media for storing digital data). The seller keeps a copy of the processed video for 20 days from delivery of this video to the customer. In case of video loss, the customer can make a new order with new payment obligation.

 

The usage of processed video:

The customer has the rights to use and distribute processed music video for promotional purpose of his / her own music only. The customer can share his / her video at any social media networks or websites according to this license agreement and only with respect to the terms of use and privacy policy of individual social media network or website.

The customer cannot sell / modify / re-sell processed video to third party. The customer cannot extract any elements of the video and sell the video to the third party. You (customer/client) is not owner of video / music animation / visualizer, you are just purchasing  non-exclusive rights to use video / music animation / visualizer for marketing / promoting of your music.

You (client/customer) are allowed:
- to use music animation/visualizer vido to promote your music
- to use music animation/visualizer vido in various websites, social networks, videos etc. only to promote your music, in marketing of your music.

You (client/customer) are not allowed:
- to modify music animation/visualizer vido and use it multiple times with different artist / different album names
- to modify music animation/visualizer vido and re-sell it
- to use or modify demo previews (previews with watermark) from our website 
- to require refund of money after graphic file are finalized sent to you.

 

Liability for damages:

The videos consist of visual effects, lights and fast picture changes. From this reason these videos are not appropriate for people suffering from epilepsy or other mental illness where a person is sensitive to fast image changes. People with epilepsy or other hypersensitive disorder should not watch these videos. 123creative wrote warning note at product page. The videos are not played automatically, therefore the sole responsibility for the health damage lies with the web visitor or the person who launched the video by clicking on the play icon.

The online publication of the processed video (including websites and social networks) is the sole responsibility of the person (customer) who ordered the video service. The use, distribution and sharing of the video is subject to the terms of use and privacy policy of the specific site and social network. The customer must make sure in advance that he can share his / her video on the specified site and social network. 123creative has no responsibility for the illegal use / publication of the video by a third party.

 

 

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