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MAGICCRAFT END-USER LICENSE AGREEMENT (EULA)
Welcome to MagicCraft! MagicCraft is a mobile game developed by MagicCraft Limited, a company incorporated in the British Virgin Islands with its address at Asia Leading Chambers, P.O. Box 986, Road Town, Tortola, British Virgin Islands. This End-User License Agreement ("EULA") sets forth the terms and conditions under which you may use MagicCraft. By downloading, installing, or using MagicCraft, you agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms and conditions, you may not use MagicCraft. Please read this EULA carefully before using MagicCraft.
License Grant.
MagicCraft Limited ("Licensor") grants you a non-exclusive, non-transferable, revocable license to use MagicCraft, subject to the terms and conditions of this EULA. This license is limited to your personal, non-commercial use of MagicCraft.
You may download, install, and use MagicCraft on your mobile device(s) for the sole purpose of playing MagicCraft. You may not use MagicCraft for any other purpose, including but not limited to commercial use, copying, or distribution of MagicCraft, or modification of MagicCraft in any way.
You may not sublicense, rent, lease, sell, or otherwise transfer your license to use MagicCraft to any third party. Any attempt to sublicense, rent, lease, sell, or transfer your license to use MagicCraft without Licensor's prior written consent is null and void.
Licensor reserves the right to modify, suspend, or discontinue MagicCraft at any time without notice to you. Licensor also reserves the right to modify this EULA at any time by posting the revised EULA on the MagicCraft website or by notifying you by email or other means. Your continued use of MagicCraft after any such modification constitutes your acceptance of the modified EULA.
User Content.
MagicCraft allows you to create and submit content such as game play, comments, and messages ("User Content"). You retain all rights in, and are solely responsible for, the User Content you create and submit to MagicCraft.
By submitting User Content to MagicCraft, you grant Licensor a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, modify, display, distribute, and perform the User Content in connection with MagicCraft and Licensor's business, including but not limited to promoting and redistributing part or all of MagicCraft (and derivative works thereof) in any media formats and through any media channels.
You represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Licensor to use your User Content as described in this EULA; (ii) your User Content does not and will not infringe, misappropriate, or violate any third-party rights, including but not limited to any intellectual property rights, privacy rights, or publicity rights; (iii) your User Content is not and will not be defamatory, libelous, obscene, or offensive; and (iv) you have the legal capacity and authority to enter into this EULA and to grant the license to Licensor to use your User Content.
Licensor reserves the right to monitor and remove any User Content that violates this EULA or any applicable law or regulation, or that Licensor determines, in its sole discretion, is offensive, inappropriate, or otherwise objectionable.
Ownership.
MagicCraft and all content, software, and intellectual property rights related to MagicCraft are owned by Licensor or its licensors, and are protected by applicable copyright, trademark, and other intellectual property laws. This EULA does not grant you any ownership rights to MagicCraft or any of its content.
Payment Terms
The current version of MagicCraft available on Web2 platform is free to play. However, please note that in the future, Licensor may offer additional features or functionality in MagicCraft that may require payment, and that the Web3 version of MagicCraft requires users to possess MCRT utility token. In such cases, Licensor will provide notice of any such additional payment terms and conditions.
If you choose to make any payments in connection with MagicCraft, you agree to pay all applicable fees and taxes, and to provide Licensor with accurate and complete billing and contact information. Licensor may suspend or terminate your access to MagicCraft if you fail to pay any fees when due or if your payment information is inaccurate or incomplete. All payments made in connection with MagicCraft are non-refundable.
Restrictions on Use.
You agree to use MagicCraft only for lawful purposes and in accordance with this EULA. You agree not to:
use MagicCraft in any way that violates any applicable federal, state, local, or international law or regulation;
engage in any activity that interferes with or disrupts MagicCraft or the servers and networks used to provide MagicCraft, including but not limited to distributing malware or other harmful code, hacking, and using automated means to access or use MagicCraft;
use MagicCraft to transmit, distribute, post, or submit any information or content that is abusive, defamatory, harassing, harmful, infringing, obscene, or otherwise objectionable;
use MagicCraft for any commercial purpose, including but not limited to advertising or selling goods or services, without Licensor's prior written consent;
copy, modify, or distribute MagicCraft, or any content or information available through MagicCraft, except as expressly authorized by Licensor;
use any data mining, robots, or similar data gathering or extraction methods in connection with MagicCraft;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to gain unauthorized access to MagicCraft or any account, computer system, or network connected to MagicCraft; or
use MagicCraft in any way that could damage, disable, overburden, or impair the functionality of MagicCraft or any server or network used to provide MagicCraft.
Termination.
This EULA is effective until terminated by either you or the Licensor. You may terminate this EULA at any time by deleting MagicCraft from your mobile device and ceasing to use MagicCraft.
Licensor may terminate this EULA at any time, without notice or liability to you, for any reason, including but not limited to your breach of this EULA. Upon termination, you must immediately stop using MagicCraft and delete all copies of MagicCraft from your mobile device.
Termination of this EULA shall not affect any accrued rights or liabilities of either party nor any provision of this EULA which by its nature or implication is intended to continue after termination, including but not limited to the sections on Ownership, Restrictions on Use, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and Miscellaneous Provisions.
Disclaimer of Warranties.
MagicCraft is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that MagicCraft will meet your requirements, be uninterrupted, error-free, or secure, or that any defects or errors in MagicCraft will be corrected.
Licensor does not endorse and is not responsible for any User Content or other content available through MagicCraft, and Licensor disclaims any and all liability in connection with User Content or other content available through MagicCraft.
You assume all responsibility and risk for your use of MagicCraft and your reliance on any information or content available through MagicCraft.
Limitation of Liability.
To the maximum extent permitted by applicable law, Licensor and its affiliates, officers, employees, agents, suppliers, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of MagicCraft, or inability to access or use MagicCraft; (b) any conduct or content of any third party, including but not limited to any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.
Licensor's total liability to you for all claims, damages, losses, and causes of action arising out of or related to this EULA or your use of MagicCraft, whether in contract, tort (including but not limited to negligence), or otherwise, will not exceed the amount you have paid, if any, to Licensor for access to MagicCraft during the six (6) months preceding the date of the claim.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification.
You agree to indemnify, defend, and hold harmless Licensor and its affiliates, officers, employees, agents, suppliers, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to (a) your use of MagicCraft, including but not limited to any User Content you create or submit; (b) your violation of this EULA or any applicable law or regulation; or (c) your infringement, misappropriation, or violation of any third-party rights.
Governing Law and Jurisdiction.
This EULA and your use of MagicCraft are governed by and construed in accordance with the laws of the British Virgin Islands, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than British Virgin Islands.
Any legal suit, action, or proceeding arising out of or related to this EULA or your use of MagicCraft shall be instituted exclusively in the courts of British Virgin Islands, and you waive any objection to venue, personal jurisdiction, or forum non-conveniens.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this EULA or your use of MagicCraft must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous Provisions.
Entire Agreement. This EULA constitutes the entire agreement between you and Licensor regarding your use of MagicCraft and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
Assignment. You may not assign or transfer this EULA or any of your rights or obligations hereunder, whether by operation of law or otherwise, without Licensor's prior written consent. Licensor may assign or transfer this EULA, in whole or in part, without restriction.
Severability. If any provision of this EULA is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver. No waiver of any breach of any provision of this EULA shall constitute a waiver of any other breach or of such provision itself.
Headings. The headings in this EULA are for convenience only and shall not affect the interpretation of this EULA.
No Third-Party Beneficiaries. This EULA is intended for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein shall be construed to give any person or entity other than the parties hereto any legal or equitable right, remedy, or claim under or in respect of this EULA.
Contact Information.
If you have any questions or comments about this EULA or MagicCraft, you may contact Licensor at .
Welcome to MagicCraft! MagicCraft is a mobile game developed by MagicCraft Limited, a company incorporated in the British Virgin Islands with its address at Asia Leading Chambers, P.O. Box 986, Road Town, Tortola, British Virgin Islands. This End-User License Agreement ("EULA") sets forth the terms and conditions under which you may use MagicCraft. By downloading, installing, or using MagicCraft, you agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms and conditions, you may not use MagicCraft. Please read this EULA carefully before using MagicCraft.
License Grant.
MagicCraft Limited ("Licensor") grants you a non-exclusive, non-transferable, revocable license to use MagicCraft, subject to the terms and conditions of this EULA. This license is limited to your personal, non-commercial use of MagicCraft.
You may download, install, and use MagicCraft on your mobile device(s) for the sole purpose of playing MagicCraft. You may not use MagicCraft for any other purpose, including but not limited to commercial use, copying, or distribution of MagicCraft, or modification of MagicCraft in any way.
You may not sublicense, rent, lease, sell, or otherwise transfer your license to use MagicCraft to any third party. Any attempt to sublicense, rent, lease, sell, or transfer your license to use MagicCraft without Licensor's prior written consent is null and void.
Licensor reserves the right to modify, suspend, or discontinue MagicCraft at any time without notice to you. Licensor also reserves the right to modify this EULA at any time by posting the revised EULA on the MagicCraft website or by notifying you by email or other means. Your continued use of MagicCraft after any such modification constitutes your acceptance of the modified EULA.
User Content.
MagicCraft allows you to create and submit content such as game play, comments, and messages ("User Content"). You retain all rights in, and are solely responsible for, the User Content you create and submit to MagicCraft.
By submitting User Content to MagicCraft, you grant Licensor a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, modify, display, distribute, and perform the User Content in connection with MagicCraft and Licensor's business, including but not limited to promoting and redistributing part or all of MagicCraft (and derivative works thereof) in any media formats and through any media channels.
You represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Licensor to use your User Content as described in this EULA; (ii) your User Content does not and will not infringe, misappropriate, or violate any third-party rights, including but not limited to any intellectual property rights, privacy rights, or publicity rights; (iii) your User Content is not and will not be defamatory, libelous, obscene, or offensive; and (iv) you have the legal capacity and authority to enter into this EULA and to grant the license to Licensor to use your User Content.
Licensor reserves the right to monitor and remove any User Content that violates this EULA or any applicable law or regulation, or that Licensor determines, in its sole discretion, is offensive, inappropriate, or otherwise objectionable.
Ownership.
MagicCraft and all content, software, and intellectual property rights related to MagicCraft are owned by Licensor or its licensors, and are protected by applicable copyright, trademark, and other intellectual property laws. This EULA does not grant you any ownership rights to MagicCraft or any of its content.
Payment Terms
The current version of MagicCraft available on Web2 platform is free to play. However, please note that in the future, Licensor may offer additional features or functionality in MagicCraft that may require payment, and that the Web3 version of MagicCraft requires users to possess MCRT utility token. In such cases, Licensor will provide notice of any such additional payment terms and conditions.
If you choose to make any payments in connection with MagicCraft, you agree to pay all applicable fees and taxes, and to provide Licensor with accurate and complete billing and contact information. Licensor may suspend or terminate your access to MagicCraft if you fail to pay any fees when due or if your payment information is inaccurate or incomplete. All payments made in connection with MagicCraft are non-refundable.
Restrictions on Use.
You agree to use MagicCraft only for lawful purposes and in accordance with this EULA. You agree not to:
use MagicCraft in any way that violates any applicable federal, state, local, or international law or regulation;
engage in any activity that interferes with or disrupts MagicCraft or the servers and networks used to provide MagicCraft, including but not limited to distributing malware or other harmful code, hacking, and using automated means to access or use MagicCraft;
use MagicCraft to transmit, distribute, post, or submit any information or content that is abusive, defamatory, harassing, harmful, infringing, obscene, or otherwise objectionable;
use MagicCraft for any commercial purpose, including but not limited to advertising or selling goods or services, without Licensor's prior written consent;
copy, modify, or distribute MagicCraft, or any content or information available through MagicCraft, except as expressly authorized by Licensor;
use any data mining, robots, or similar data gathering or extraction methods in connection with MagicCraft;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to gain unauthorized access to MagicCraft or any account, computer system, or network connected to MagicCraft; or
use MagicCraft in any way that could damage, disable, overburden, or impair the functionality of MagicCraft or any server or network used to provide MagicCraft.
Termination.
This EULA is effective until terminated by either you or the Licensor. You may terminate this EULA at any time by deleting MagicCraft from your mobile device and ceasing to use MagicCraft.
Licensor may terminate this EULA at any time, without notice or liability to you, for any reason, including but not limited to your breach of this EULA. Upon termination, you must immediately stop using MagicCraft and delete all copies of MagicCraft from your mobile device.
Termination of this EULA shall not affect any accrued rights or liabilities of either party nor any provision of this EULA which by its nature or implication is intended to continue after termination, including but not limited to the sections on Ownership, Restrictions on Use, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and Miscellaneous Provisions.
Disclaimer of Warranties.
MagicCraft is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that MagicCraft will meet your requirements, be uninterrupted, error-free, or secure, or that any defects or errors in MagicCraft will be corrected.
Licensor does not endorse and is not responsible for any User Content or other content available through MagicCraft, and Licensor disclaims any and all liability in connection with User Content or other content available through MagicCraft.
You assume all responsibility and risk for your use of MagicCraft and your reliance on any information or content available through MagicCraft.
Limitation of Liability.
To the maximum extent permitted by applicable law, Licensor and its affiliates, officers, employees, agents, suppliers, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of MagicCraft, or inability to access or use MagicCraft; (b) any conduct or content of any third party, including but not limited to any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.
Licensor's total liability to you for all claims, damages, losses, and causes of action arising out of or related to this EULA or your use of MagicCraft, whether in contract, tort (including but not limited to negligence), or otherwise, will not exceed the amount you have paid, if any, to Licensor for access to MagicCraft during the six (6) months preceding the date of the claim.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification.
You agree to indemnify, defend, and hold harmless Licensor and its affiliates, officers, employees, agents, suppliers, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to (a) your use of MagicCraft, including but not limited to any User Content you create or submit; (b) your violation of this EULA or any applicable law or regulation; or (c) your infringement, misappropriation, or violation of any third-party rights.
Governing Law and Jurisdiction.
This EULA and your use of MagicCraft are governed by and construed in accordance with the laws of the British Virgin Islands, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than British Virgin Islands.
Any legal suit, action, or proceeding arising out of or related to this EULA or your use of MagicCraft shall be instituted exclusively in the courts of British Virgin Islands, and you waive any objection to venue, personal jurisdiction, or forum non-conveniens.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this EULA or your use of MagicCraft must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous Provisions.
Entire Agreement. This EULA constitutes the entire agreement between you and Licensor regarding your use of MagicCraft and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
Assignment. You may not assign or transfer this EULA or any of your rights or obligations hereunder, whether by operation of law or otherwise, without Licensor's prior written consent. Licensor may assign or transfer this EULA, in whole or in part, without restriction.
Severability. If any provision of this EULA is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver. No waiver of any breach of any provision of this EULA shall constitute a waiver of any other breach or of such provision itself.
Headings. The headings in this EULA are for convenience only and shall not affect the interpretation of this EULA.
No Third-Party Beneficiaries. This EULA is intended for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein shall be construed to give any person or entity other than the parties hereto any legal or equitable right, remedy, or claim under or in respect of this EULA.
Contact Information.
If you have any questions or comments about this EULA or MagicCraft, you may contact Licensor at .