1. Rules for using the Magic Music trading platform
In these Rules, unless the context otherwise requires, the following terms have the following meanings and are an integral part thereof:
Trading platform – website https://Magicmusic.space, which is a service that provides access to information about goods and other objects of property rights intended for potential Buyers (consumers).
The owner of the Trading Platform is MAGIC MUSIC ENTERTAIMENT LTD (according to the text of these Rules – Magicmusic.space).
Buyer is any individual using the Trading Platform under the terms of these Rules.
Seller is an individual entrepreneur, legal entity or self-employed citizen who carries out activities for the sale of goods and other objects of property rights and offers the Buyer to enter into a purchase and sale agreement for the Object by placing the Objects on the Marketplace.
Object – a copy of the Work in electronic form, a Certificate and (or) a Service Certificate, which represents the subject of the purchase and sale agreement concluded between the Buyer and the Seller. The Seller is the owner of property rights to the Object being sold. All relationships related to the purchase and sale of the Object arise between the Seller, who places the Object on the Marketplace, and the Buyer.
Work – published works of literature, science and art, protected by the current legislation of the Great Britain as objects of copyright, including, but not limited to, books, audiobooks, musical works (with and without text), audiovisual works, photographic works and other works fine arts, computer programs and databases recorded in digital form in various formats suitable for their reproduction in computer memory and distribution in electronic form, public performance, broadcast and/or cable transmission, retransmission, making available to the public through the Internet or other information and telecommunication networks using appropriate technical means, the rights to use which (with the right to grant these rights to third parties) belong to the Seller.
Users – persons who are visitors to Magicmusic.space and use the Contractor’s Services. Digital Goods – a digital copy of a copy of the Work created by the Contractor, recorded as an NFT token.
NFT token is a non-fungible token of a unique digital asset (image, video or other digital content or asset) in the form of non-fungible data stored in a distributed ledger system (blockchain system). A digital copy of a copy of the Work is an electronic digital code generated by the Contractor, purchased by the User on the Contractor’s Service and certifying the right of its holder to demand from the Customer the transfer of the relevant goods and/or provision of the relevant services specified by the Contractor’s Service.
Contractor Services – an Internet site owned by the Contractor, located under the domain name Magicmusic.space, as well as programs for computers and mobile devices owned by the Contractor, including applications hosted in digital content stores AppStore, GooglePlay, Microsoft Store and the like, using which the Contractor provides Users have the opportunity to download Works, that is, perform short-term or long-term recording in the memory of a computer and/or mobile devices, local storage, view Works, and also carry out other actions with Digital Goods that do not contradict the Agreement.
Personal Account is a personal section of the Trading Platform that is not accessible to third parties, serving for the purpose of placing Orders, as well as receiving special offers in accordance with these Rules, which is accessed after registration by entering the Buyer’s authentication data.
Order – the Buyer’s implementation of actions aimed at concluding an agreement/sales agreements for the relevant Object/Objects with Magicmusic.space and/or other Seller/Sellers by placing an order for Objects on the Marketplace.
A promotional discount is a discount that is provided for a specific Item. The discount amount is indicated on the Object page. The price for the Object is indicated taking into account the promotional discount.
A discount using a promotional code is a discount that is provided for a specific group of Objects when the Buyer places an Order.
A promotional code is a special code that provides a discount on a specific group of Objects and has an expiration date. Promo codes are applied automatically. Only one promotional code can be applied to one unit of the Object.
A regular Buyer discount is a discount provided to the Buyer under certain conditions established by the Trading Platform.
2. General provisions
2.1 By using the Trading Platform, the Buyer agrees to the terms of these Rules.
2.2 The Marketplace provides the Buyer with a free opportunity to search for information about Objects, get acquainted with the product offerings of Magicmusic.space and other Sellers, the opportunity to receive (including based on search results) offers for the sale of Objects and information, as well as other functionality.
2.3 Magicmusic.space has the right to independently and without notifying the Buyer select reviews for publication, including:
Any authorized Buyer can leave reviews about Objects posted on the Marketplace and rate Objects when using the Marketplace;
along with the Buyer’s review, his name, indicated by him in the Personal Account of the Trading Platform, will be published;
do not publish reviews the content of which is not related to the work of the Marketplace or making purchases on it;
do not publish reviews, the content of which does not relate to the actual experience of using the relevant Object;
do not publish reviews that contain profanity, offensive statements, including photographs and images that are unacceptable for publication from an ethical point of view;
do not publish reviews, comments containing links to other websites, personal data of third parties;
delete a published review at any time;
independently determine the period during which reviews are considered relevant and for which they are published on the Marketplace.
2.4 The Buyer agrees that messages and materials posted by him on the Marketplace may be used by Magicmusic.space, including in other Magicmusic.space services and applications, in advertising or marketing materials posted on Magicmusic.space resources on the Internet, as well as on other resources and sites on the Internet, to attract the attention of other consumers to the Trading Platform as a whole or to goods, Objects and services of third parties, as indicating the author of the message or material (the name of the Buyer will be indicated as the name of the author, which he indicated during registration or in the settings of his data in the Personal Account), and without this, without the obligation to provide reports on the use of such messages and materials, without the need to obtain special permission from the Buyer and without paying royalties, throughout the world without a time limit , with the right of Magicmusic.space to grant the specified rights of use of such messages and materials to third parties.
2.5 The Buyer agrees that the reviews and ratings he left may be published and used by Magicmusic.space on the Marketplace or on third-party sites without additional consent from the Buyer. In this case, reviews and images attached to them are published and used “as is”, preserving the author’s grammar and punctuation, under the Buyer’s name indicated in the Personal Account. The buyer is responsible for the accuracy of the information contained in the reviews he left.
3. Registration on the site
3.1 Only registered Buyers can place an Order on the Marketplace, and the Buyer has the right to register on the site only 1 (one) time, i.e. can have only one Personal Account.
3.2 When registering on the Marketplace, as well as during its further use, the Buyer provides Magicmusic.space with his registration data (including personal data), including, but not limited to: name, phone number, email address, electronic payment details (number, expiration date, CVV/CVC code), etc.
3.3 Magicmusic.space collects, records, systematizes, accumulates, stores, refines (updates, changes), extracts, uses, transfers (distribution, provision, access), depersonalizes, blocks, deletes, destroys the Buyer’s registration data (including personal data).
3.4 Magicmusic.space is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
3.5, To register on the Marketplace, the Buyer receives individual identification by entering an email. Individual identification of the Buyer allows you to avoid unauthorized actions by third parties on behalf of the Buyer and provides access to additional services.
3.6 The Buyer is responsible for all possible negative consequences in the event of transferring the access code, as well as Personal Account credentials to third parties.
4. Placing an order on the trading platform
4.1 The trading platform is intended for the sale of Objects of Magicmusic.space and other Sellers.
4.2 By ordering an Object sold by Magicmusic.space on the Marketplace, the Buyer enters into a contractual relationship with Magicmusic.space under the purchase and sale agreement for the Object.
4.3 By ordering an Object sold by other Sellers on the Marketplace, the Buyer, within the framework of the purchase and sale agreement, enters into a contractual relationship directly with the Seller selling this Object. Acceptance of payment from Buyers for an Object purchased on the Marketplace is carried out by Magicmusic.space.
4.4 Mutual settlements with the Buyer for the Object purchased by him on the Marketplace are carried out by Magicmusic.space on its own behalf or on behalf of the direct Seller on behalf of the latter.
The Buyer can get acquainted with information about the seller of the Object when placing an Order.
4.5 Before placing an Order, the Buyer undertakes to familiarize himself with all the conditions for purchasing Objects on the Marketplace. However, obvious errors, including typos, made in the description of Objects are not legally binding.
4.6 Placing an Order on the Marketplace means the Buyer agrees with all material terms of sale of Objects by Magicmusic.space or another Seller, as well as, if applicable, with the terms of the license agreement in relation to such Object.
4.7 The essential terms of the purchase and sale agreement for the Object concluded by the Buyer are indicated in the description of the Object published on the Trading Platform, provided in the Order form, as well as in these Rules.
4.8 If applicable, the terms of the license agreement for the Item are specified in the description of the Item published on the Marketplace OR are contained on the official website of the Seller, a link to which is indicated in the description of the Item, and are also available during the installation of the corresponding computer program or during the subscription process.
4.9 By placing an Order, the Buyer agrees that Magicmusic.space may entrust the execution of the contract to a third party, while remaining responsible for its execution to the Buyer.
4.10 The Buyer confirms his agreement that:
registration data (including personal data) was provided by him voluntarily;
registration data (including personal data) is transmitted electronically via open communication channels on the Internet;
registration data (including personal data) is transferred to Magicmusic.space for the purposes specified in these Rules and for the same purposes can be transferred to third parties;
registration data (including personal data) can be used by Magicmusic.space for the purpose of promoting goods, Objects and services by making direct contacts with the Buyer using communication channels;
registration data (including personal data) can be used by Magicmusic.space for the purpose of sending advertising and information to the Buyer via telecommunication networks, including via the Internet, in accordance with Article 18 F3 “On Advertising” dated March 13, 2006;
for the purpose of additional protection against fraudulent activities, the registration data specified by the Buyer (including personal data) may be transferred to the bank carrying out transactions for payment of Orders placed on the Marketplace;
The consent given by the Buyer to the processing of his registration data (including personal data) is unlimited and can be revoked by the Buyer or his legal representative by submitting a written application submitted to Magicmusic.space.
4.11 By placing an Order, the Buyer confirms that:
fully familiarized with the provisions of these Rules;
fully understands these Rules, as well as the subject and conditions of the concluded agreement for the purchase and sale of Objects with Magicmusic.space or another Seller through the Marketplace;
fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the concluded agreement for the sale and purchase of Objects with Magicmusic.space or another Seller through the Marketplace.
4.12 By placing an order on the Marketplace, the Buyer agrees to receive:
emails/push notifications that Magicmusic.space may send to the Buyer;
messages (SMS) to the phone number specified by the Buyer, as well as
a call with an offer to evaluate the quality of the Trading Platform to the telephone number specified by the Buyer.
4.13 Magicmusic.space has the right to block the Buyer’s ability to complete an Order in the event of repeated cancellation of Orders placed by the Buyer, as well as in the event of a violation by the Buyer of these Rules.
5. Price and payment
5.1 Property rights to the ordered Objects are transferred to the Buyer from the moment the Object is transferred to the Buyer in the manner provided for in clause 7.3 below, and the latter pays the full cost of the Object.
5.2 Prices for the Object are determined by the Sellers and are indicated on the Trading Platform.
5.3 The price of the Object is indicated in dollars of the Great Britain.
5.4 The final Price of the Object is determined by the sequential action on the Price of the Object of discounts in the following order: Promotional discount Discount using a promotional code Regular Customer Discount
5.5 You can take advantage of the Regular Customer Discount only through your Personal Account. To do this, you must place orders by logging into the Marketplace using your credentials specified in your Personal Account profile. The discount for regular customers is tied to a specific Personal Account, because… calculated based on purchases made through it. In case of re-registration on the site, the purchase history and the regular customer discount are not transferred from the old Personal Account to the new one. Order statistics in the new Personal Account are kept from scratch. You can use the discount only through the Personal Account in which it was created.
5.6 The Buyer placing an Order on the Marketplace is given the opportunity to choose a payment option in accordance with the methods provided by the Marketplace.
5.7 If the purchase and sale agreement for an Object presented on the Marketplace is concluded not with Magicmusic.space, but with another Seller who has placed an offer for the Object on the Marketplace, payment is made to the account of Magicmusic.space, acting on behalf of the relevant Seller in part of the acceptance of funds for payment of Objects with the involvement of an authorized operator for accepting payments or an electronic money operator and is the recipient of the payment as a representative of the Seller.
5.8 In accordance with the terms of these Rules, a check in electronic form is sent to the “Electronic Checks” section of the Personal Account. In case of disagreement with the proposed form of transfer of the check, the Buyer must provide an email address at the time of placing the Order.
6. Rights and obligations of the parties
6.1 Magicmusic.space undertakes:
6.1.1 Process the Buyer’s personal data in the manner established by current legislation and the Magicmusic.space Policy regarding the organization of processing and ensuring the security of personal data.
6.1.2 If the purpose of processing the Buyer’s personal data is achieved, Magicmusic.space undertakes to stop processing personal data or ensure its termination (if the processing of personal data is carried out by another person acting on behalf of Magicmusic.space) and destroy personal data or ensure its destruction (if the processing of personal data is carried out by another person acting on behalf of Magicmusic.space) within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by an agreement to which the Buyer is a party, beneficiary or guarantor, or another agreement between Magicmusic .space and the Buyer.
6.1.3 If the Buyer withdraws consent to the processing of his personal data, Magicmusic.space undertakes to stop processing them or ensure the termination of such processing (if the processing of personal data is carried out by another person acting on behalf of Magicmusic.space) and in the event that the storage of personal data is longer than for the purposes of processing personal data, it is not required to destroy personal data or ensure its destruction (if the processing of personal data is carried out by another person acting on behalf of Magicmusic.space) within a period not exceeding thirty days from the date of receipt of the said review, unless otherwise provided by the contract, of which the Buyer is a party, beneficiary or guarantor.
6.1.4 Provide the Buyer with the opportunity to store copies of the Works paid for by the Buyer on the Marketplace servers.
6.2 Magicmusic.space has the right:
6.2.1 Change these Rules unilaterally by posting them on the Marketplace, located at the Internet address: Magicmusic.space All changes come into force immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.
6.2.2 Record telephone conversations with the Buyer. In accordance with paragraph 4 of Art. 16 of the Federal Law “On Information, Information Technologies and Information Protection” Magicmusic.space undertakes to: prevent attempts of unauthorized access to information and/or transfer it to persons not directly related to the execution of Orders, promptly detect and suppress such facts.
6.2.3 Without agreement with the Buyer, transfer your rights and obligations to fulfill obligations to the Buyer to third parties.
6.2.4 Magicmusic.space has the right to demand from the Buyer 100% prepayment of the ordered Object. Magicmusic.space has the right to refuse the Buyer to place an Order in the absence of such payment.
6.2.5 Cancel an Order with a non-cash payment method after 10 minutes from the moment of registration, if payment has not been received. Limit the number of Objects transferred to the Buyer at the same time.
6.2.7 Use “cookie” technology. Cookies do not contain confidential information and are not transferred to third parties.
6.2.8 Receive information about the IP address of the visitor to the Magicmusic.space website. This information is not used to identify the visitor and is not transferable to third parties.
6.2.9 Send advertising and informational messages to the Buyer via e-mail and SMS with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by Magicmusic.space independently, unilaterally. 6.2.10 Unilaterally cancel the Buyer’s Order in case of violation by the Buyer of clause 6.3.3. of these Rules.
6.2.11 Place restrictions on the amount of ordered Objects for one day of delivery.
6.2.12 Change the terms of the Promotions posted on the website of the Magicmusic.space Trading Platform, unilaterally without the consent of the Buyer, by posting such changes on the website of the Magicmusic.space Trading Platform.
6.2.13 Revocation of these Rules can be carried out by Magicmusic.space at any time, but this is not a basis for waiver of the obligations of Magicmusic.space and other Sellers posting Objects on the Marketplace under already concluded agreements.
6.3 The Buyer undertakes:
6.3.1 Before concluding the Agreement, familiarize yourself with the contents and terms of these Rules, prices for Objects offered on the Trading Platform.
6.3.2 In fulfillment of Magicmusic.space’s obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and sufficient to transfer the Object paid for by him to the Buyer.
6.3.3. Pay for the ordered Object in accordance with these Rules.
6.3.4 Do not use an Object ordered on the Marketplace for business purposes.
6.4 The Buyer has the right:
6.4.1 The Buyer has the right to refuse to receive e-mail and SMS mailings; to do this, he needs to click on the link in the letter “You can unsubscribe from the mailing list from your Personal Account” or go to the “Subscriptions” page in your Personal Account.
7. Transfer and return of funds
7.1 The transfer of the Object to the Buyer is carried out under the conditions set out in these Rules. If the Buyer does not receive the Object within the agreed period, Magicmusic.space has the right to cancel the order without further informing the Buyer. If the Order is prepaid, the funds are returned to the Buyer within the period established by law.
7.2 After receipt of the Order by the Buyer, claims regarding the quantity and completeness of the Object will not be accepted.
7.3 The transfer of the Object to the Buyer is carried out within 24 hours after payment for the relevant Object by sending Magicmusic.space to the email address specified by the Buyer during registration: links for downloading the Work, that is, recording (copying) the Object by the Buyer on his computer, smartphone or other device; Certificate for the service; or Certificate.
7.4 The Buyer has the right to use the link and gain access to the Object for the purpose of downloading within 30 (thirty) calendar days from the date of sending the link. After the specified period, the Buyer will not be able to use the link to download the Object and gain access to it. Funds transferred to pay for the Order are non-refundable. A refund to the Buyer for a paid Item is possible within 30 calendar days from the date of purchase of the Item only if the Item contains quality defects.
7.5 Refunds for the Purchase of a Product are possible in cases provided for by legislation on the protection of consumer rights.
7.6 All claims regarding Objects sold by Magicmusic.space must be sent by Buyers to the email address. If a claim is sent by email, the Buyer agrees to receive a response to such claim also in electronic form.
7.7 If Magicmusic.space is not the seller of the Object, the buyer has the right to create an application in his personal account or contact the direct seller at his location.
8. Downloading electronic materials
8.1 By placing an Order for the Object, the Buyer confirms that he has been warned of the obligation to first familiarize himself with and comply with the terms and conditions of use of the Object, as well as the obligation to conclude a license agreement with the end user, if applicable.
8.2 The Object may be used by the Buyer solely for its intended purpose for personal purposes. The Buyer has no right to use the Object for the purpose of making a profit, including reproducing, processing, distributing, publicly displaying, importing, renting, publicly performing, broadcasting or cable broadcasting, or making it available to the public.
8.3 The Buyer does not have the right to post links to Objects available for use on any resources in such a way that a third party has access to these Objects.
8.4 The Client is prohibited from providing third parties with information necessary to gain access to the Object.
8.5 Magicmusic.space is not responsible for the Buyer’s use of the Object; the Buyer assumes all responsibility in case of violation of the law or the rights of third parties in connection with the use of the Object.
8.6 Magicmusic.space is not responsible for the content, reliability, practical applicability of the Object, as well as incompatibility with the Buyer’s user equipment; all Objects are provided “as is”.
8.7 Magicmusic.space is not responsible for losses caused to the Buyer or third parties due to the Buyer’s failure to comply with these Rules, use of the Object for other purposes or due to failure to familiarize themselves with information about the Object and the procedure for its use.
8.8 Magicmusic.space is not responsible in the event that the Buyer is unable to use the Item as a result of the use of a download link by third parties.
9. Force majeure
9.1 Magicmusic.space is exempt from liability for complete or partial failure to fulfill its obligations in accordance with these Rules, if this failure was caused by force majeure circumstances that arose after the Buyer accepted the terms of these Rules. “Force Majeure Circumstances” mean extraordinary events or circumstances that could not be foreseen or prevented by available means. Such extraordinary events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes and other natural disasters, wars, acts of war, acts of foreign government agencies, and any other circumstances beyond our reasonable control.