This is a legally binding contract (the “Terms” or “Agreement”) between you (“you” or “user(s)”)
and Magpie Studio Ltd. (“Magpie Studio”, “Company”, “we” or “us”).
It defines the terms under which we provide downloadable applications ( “App(s)” or “Application(s)”).
Our “Services” mean the Apps, www.magpie-studio.eu and any related services
or digital tools we offer, paid or free.
By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site.
2. Use License
- Permission is granted to download materials (information or software)
on Magpie Studio Ltd.’s web site for personal,
non-commercial use only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Magpie Studio Ltd.’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Magpie Studio Ltd. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The Services and Products of Magpie Studio are provided “as is” and “as available” basis. Magpie Studio makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Magpie Studio does not warrant that the Services will meet all of your requirements, or that they will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected immediately. For instance, the Services may be subject to scheduled or unscheduled service interruptions, or even loss of data, for which you will not hold us liable or be entitled to any refunds.
In no event shall Magpie Studio or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use Products or Services of Magpie Studio, even if Magpie Studio or a Magpie Studio authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Magpie Studio’s web site and products could include technical, typographical, or photographic errors. Magpie Studio does not warrant that any of the materials on its web site or products are accurate, complete, or current. Magpie Studio may make changes to the materials contained on its web site and its products at any time without notice. Magpie Studio does not, however, make any commitment to update the materials.
Magpie Studio has not reviewed all of the sites linked to its web site and products and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Magpie Studio of the site. Use of any such linked web site is at the user’s own risk.
8. We May Discontinue the Services
Services exist only so long as we make them available, and all aspects of the Services, including how or whether we make available the Content or Shared Content, are subject to change or elimination without prior notice to you. We have the right to limit access to or eliminate any features or functionality of the Services in our discretion, or to impose fees for such features or functionality, including new features, to alter, amend, modify, or terminate the Services. We may (but we’re not required to) remove any Content or Shared Content from our Services for any reason we deem appropriate, including if we deem it potentially illegal or violative of any right, these Terms or our Community Guidelines, or otherwise inappropriate for the Services.
9.Additional Terms and Disclaimers Regarding Apple, Inc.
The following shall apply in connection with the Application:
- Both you and Magpie Studio acknowledge that these Terms are concluded between you and Magpie Studio only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensible basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple of such failure; upon notification, to the maximum extent permitted by applicable law, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application, and Apple shall have no other warranty obligation whatsoever with respect to the Application and shall have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty;
- For example, you acknowledge and agree that Apple is not responsible for addressing any claims you or any third party may have in relation to the Application, including but not limited to product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not associated with any parties listed on a U.S. Government list of prohibited or restricted parties;
- In connection with your use of the Application, you agree to comply with any applicable third party terms of agreement which may affect or be affected by such use, including the Apple App Store Terms of Service; and
- Both you and Magpie Studio acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
10. Governing Law
Any claim relating to this Agreement and to the performance and usage of Magpie Studio’s Services or Products shall be governed by the laws of Bulgaria without regard to its conflict of law provisions and are subject to court hearings and sessions to be held in the City Court of Sofia, Bulgaria.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.