LICENSE AGREEMENT

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By purchasing something from us, you agree to be bound by the following license terms of service (“License Terms”, “License Agreement”) set forth to determine your use of the Content that you’re purchasing (“Content”). These License Terms apply to all customers of the site who purchase a product and check the ‘I Agree to the License Agreement’ box upon checkout.

These License Terms are an agreement between the Licensee who is the individual person, Legal Entity, or Company, purchasing the Content and Magik Market on behalf of the creator as licensor.



WHAT YOU’RE BUYING

When you buy Content, you are acquiring either an Exclusive or Editioned right to use that Content. You are not buying the Content itself as the creator still maintains ownership of that content. An exclusive purchase means you are the only owner while an Editioned purchase means there may be other owners if other customers purchase it. It’s your responsibility to choose the correct ownership option that works for you.

This License Agreement permits both non-commercial and commercial use of the licensed Content.



PERMITTED USE

Licensee may use the Content, graphical elements from the Content, or graphical elements inspired by the Content in the following ways:

  1. Physical Products: Licensee may create physical products that represent or imitate the Content.
  2. Digital Products: Licensee may create digital products that represent, display, or promote the Content online
  3. Digital or Print Publication: Licensee may copy and print the Content for use in print or publications offline and online.
  4. Social Media: Their personal social media accounts or their company/commercial social media accounts.
  5. Advertisements: Online and offline advertisements.
  6. Photo and Video: Photo and video content used online and offline across personal and commercial marketing channels.
  7. Broadcast and Streaming: On television broadcast or video streaming platforms


PROHIBITED USE

Licensee may not use the Content, graphical elements from the Content, or graphical elements inspired by the Content, in the following ways:

  1. Deconstruction of the Content: You may not deconstruct the Content in any way. All source files received after purchase must remain whole, intact, and unopened. The only use of these files is to be uploaded directly to Instagram or Snapchat.
  2. Repurposing of the Content: You may not repurpose, extract, or redistribute any individual element of the Content. This includes images, scripts, textures, patches, scripts, 3D Objects, font files, and anything else that makes up the code or graphical base of the Content.
  3. Customization of the Content: You may not upload the content to any other website or platform that allows you to change or customize the content in any way. You may not open the content in Spark or Lens Studio and make changes to the content.
  4. Reselling the Content: You may not resell the content to any other person, animal, company, or legal entity.
  5. Sub-licensing the Content: You may not sub-license the content to any other person, animal, company, or legal entity.
  6. Gifting of the Content: You may not gift the content to any other person, animal, company, or legal entity.
  7. Making the Content Public: You may not make the Content public online or offline in any way that allows others to deconstruct, extract, or redistribute any element of the content.
  8. Use in augmented reality applications: You may not use the content in any augmented reality application other than the application this content was specifically designed for.
  9. Use in any pornographic, immoral, illegal, infringing, fraudulent, offensive, or defamatory material.
  10. Any situation that may create risk of harm, financial loss, physical or mental injury, emotional distress, death, or physical or mental illness to any person, animal, company, or legal entity.
  11. Any situation that may harm or exploit children
  12. Any situation that may constitute or contribute to a crime
  13. Any situation that may be racially or ethnically offensive or promotes racism, bigotry, hatriec, or physical harm against any kind of person, group, or company.


ITEM SUPPORT

There is limited support for purchases on Magik Market. After purchase, we will provide you with instructions on adding the Content to your social media profile. We are available for customer support at hello@magik.market.

Because Instagram and Snapchat’s filter/lens policies change consistently, there is a chance your filter will not be accepted. 



PRICING

The total price for Content on Magik Market is made of:

  1. Content Price: The price that the creator is charging for Exclusive or Editioned purchases of their item
  2. Commission: The price that Magik Market charges to use our platform.
  3. Taxes: Some transaction on Magik Market may be subject to tax depending on where you, the customer, lives.


CREATOR WARRANTIES

The creator of the Content you purchase, warrants to you that:

  1. They are the owner and creator of the Content and they are not re-selling another creator’s Content.
  2. The Content is of acceptable quality and fit for the purpose for which it is 'sold';
  3. The Content and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  4. The Content and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  5. The Content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  6. They, as a creator, hold all the appropriate licenses to sell the content under these particular terms.


CREATOR PORTFOLIO USAGE

You understand that creators are allowed to keep their Content in their portfolios and on their Instagram accounts. In the case of an Editioned purchase, creators can keep their Content accessible and usable on their profiles as well. In the case of an Exclusive purchase, creators may not sell the Content to anyone else after you’ve purchased it.



ATTRIBUTION

You as the customer are not required to give credit to any creator for an Exclusive or Editioned purchases.



RETURNS AND REFUNDS

Given the ease of copying, saving, and sending digital content, we do not offer refunds to customers for purchases on Magik Market unless a refund is required by consumer protection laws or other laws in California, or the United States. If you feel as if you might qualify for a refund under extenuating circumstances, you may request a refund at hello@magik.market

We will discuss your refund request with the creator of your Content and will consider your request collaboratively. We will not accept refund requests because you have changed your mind, bought Content by mistake, have misused your Content, have poorly marketed your Content, or do not understand how to utilize your Content.

If both Magik Market and the creator decide to issue a refund, this will be done using the same payment method of your original purchase.



INTELLECTUAL PROPERTY

All Content available on magik.market, including, without limitation, the Licensed Content, is protected by United States and international copyright and other laws and treaties. The Creator retains ownership of the Licensed Content, but grants to Licensee the limited, non-exclusive, non-transferrable, limited, and non-sublicensable, copyright to use the Licensed Content as set forth in this agreement. Licensee may not claim or assert any ownership in the Licensed Content itself nor any right to revenue from any use of the Licensed Content. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Content by Magik Market is only referring to the purchase of the license and not the purchase of the copyright or the Content itself. Licensee’s ownership of the device on which the Licensed Content is stored or transfered, or ownership of the social media account where the Licensed Content is hosted does not grant licensee any ownership to the Licensed Content itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Content.



TERMINATION

Magik Market may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Magik Market, in which case Licensee must immediately: cease using the License Content; delete or destroy any copies; and, if requested, confirm to Magik Market in writing that Licensee has complied with these requirements. 



CONTENT WITHDRAWAL

Magik Market may discontinue licensing the Licensed Content at any time in its sole discretion. Upon notice from Magik Market, or upon Licensee’s knowledge, that Licensed Content may be subject to a claim of infringement of a third party’s right, Magik Market may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Content, delete or destroy any copies; and ensure that Licensee’s clients, distributors and/or licensees do likewise. Magik Market will provide you with replacement content (determined by Magik Market in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this License Agreement.



AUDIT

Upon reasonable notice, Licensee agrees to provide to Magik Market sample copies of projects or end uses that contain Licensed Content, including by providing Magik Market with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Content is reproduced. In addition, upon reasonable notice, Magik Market may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Content in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Magik Market of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Magik Market the amount of the underpayment and any other remedies to which Magik Market is entitled, you also agree to reimburse Magik Market for the costs of conducting the audit.



DISCLAIMER OF WARRANTIES

LICENSEE’S USE OF THE LICENSED CONTENT IS AT LICENSEE’S OWN RISK. THE LICENSED CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAGIK MARKET AND THE SHOP OWNER HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.



LIMITATION ON LIABILITY

IN NO EVENT WILL MAGIK MARKET, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED CONTENT, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF MAGIK MARKET, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED CONTENT, EXCEED THE FEES THAT LICENSEE PAID FOR THE LICENSED CONTENT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.



IDEMNIFICATION

Licensee agrees to defend, indemnify and hold harmless the Magik Market, its affiliates, licensors (including, without limitation, Shop Owners) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the Licensed Content in violation of law, rules or regulations, or (iii) use of the Licensed Content violation of third party rights where such violation is due to the modification of the Licensed Content.



LIMITATION ON TIME TO FILE CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED CONTENT OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.



CHOICE OF LAW AND FORUM

All matters relating to Licensed Content and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Licensed Content or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of San Francisco although we retain the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.



ARBITRATION

AT MAGIK MARKET’S SOLE DISCRETION, EXCEPT TO THE EXTENT PROHIBITED BY LAW, MAGIK MARKET MAY REQUIRE LICENSEE TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THE LICENSED CONTENT AND THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA, USA LAW.



WAIVER AND SEVERABILITY

No waiver of by Magik Market of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Magik Market to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.


If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.



ENTIRE AGREEMENT

This License Agreement, together with the Magik Market Terms of Use (“Terms of Use”) constitutes the sole and entire agreement between Licensee on the one hand and Magik Market and the Shop Owner on the other hand with respect to the Licensed Content and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Content. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Content.



NOTICES

All notices required to be sent to Magik Market under this License Agreement should be sent via email to ip@creativemarket.com All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.



MODIFICATIONS

Magik Market may modify this License Agreement by posting an updated version on the Magik Market website. The then current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Content is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees (e.g., via clicking “Agree”) or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) Magik Market notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).



INTERPRETATION

Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against the drafting party.