General Terms and Conditions of Use

Definitions
1. The "Application" in these Terms of Use shall mean a mobile, web or other digital application called Mageo, available on the Google Play Store, Apple App Store or other forms of digital distribution or on the Website, which the User uses using the Software as a social network, for playing games, sharing their posts among other Users, setting up groups with a certain topic, or other related activities enabled by the operator.
2. The "Contract" in these Terms of Use shall mean the contract for the provision of services concluded between the Contracting Parties, on the basis of which the User is entitled to use the Mageo Services.
3. The "Contracting Parties" in these Terms of Use shall mean the operator on the one hand and the User on the other hand.
4. The "Mageo Services" shall mean, for the purpose of these Terms of Use, the making available of digital content in the Application by the operator within the User’s user account for the User’s personal use, and the granting of the right to use the Application.
5. The "Consumer" in these Terms of Use shall mean any person who, outside the scope of his/her business activity or outside the scope of independent performance of his/her profession, concludes a contract or otherwise deals with an entrepreneur.
6. The "Software" in these Terms of Use shall mean a computer program or digital platform enabling the provision of services, in particular the functioning of the Application. In particular, for the purpose of these Terms of Use, the term software refers to a computer program (or that part of a computer program) that is linked to specific digital content downloaded to the User’s device on the basis of a concluded contract.
7. The "User" in these Terms of Use shall mean any natural person over 16 years of age who uses the operator’s Application, has a closed user account for the Application and meets the conditions set out below.
8. The "Website" in these Terms of Use shall mean the operator’s website https://www.mageo.com.
Basic Provisions
1. Mageo is a social network operated by the operator which allows Users to use software to enter posts, create an avatar, change the avatar, play games, upload photos, upload videos, upload and edit their own content and possibly make it available to others, comment and participate in all gaming and social activities associated with this software.
2. These Terms of Use regulate the rights and obligations arisen between the operator and the User on the basis of the provision of the Mageo Services by the operator and on the basis of the use of the Application by the User, based on the concluded Contract on the basis of which the User is entitled to use the Application.
3. The Mageo Services are intended for Users over 16 years of age. Part of the Mageo Services may also be made available to the public, but only to a limited extent consisting in marking the content as public. Access to and use of the Application are free of charge unless otherwise provided in these Terms of Use. The User declares to be older than 16 years of age as of the date of concluding the Contract in accordance with these business terms and conditions.
4. The operator may condition the access to the Application or the setting up of a user account through the operator’s Website, fully or partially, by the provision of certain personal data of the User, such as the User’s first name, surname, email address, etc.
5. Acceptance of these Terms of Use is a condition for using the Mageo Services and the Application and for setting up the User’s user account. By setting up the user account within the Application or the Website, the User expresses his/her unconditional consent to these Terms of Use and undertakes to comply with them and confirms that he/she has acquainted himself/herself with the principles of personal data processing which can be found on the operator’s Website.
6. All contractual relations between the Contracting Parties are concluded in accordance with the legal order of the Czech Republic. Mutual relations not regulated by these Terms of Use shall be governed by Act No. 89/2012 Coll., the Civil Code, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data, Act No. 121/2000 Coll., the Copyright Act, all as amended, as well as by related regulations. At the same time, these contractual relations are subject to the relevant legal regulations of the European Union.
7. The operator reserves the right to change or supplement the wording of the Terms of Use without prior notice. This provision shall not affect the rights and obligations arisen during the period of validity of the previous version of the Terms of Use. Legal relations arisen from the Contract or another contract envisaged by these Terms of Use shall be governed by the Terms of Use effective at the time of the conclusion of the relevant contract.
Contracts Concluded with the Consumer
1. The User acknowledges that all contracts the User concludes with the operator pursuant to these Terms of Use are consumer contracts concluded in a remote manner, it being understood that the operator hereby informs the User about his/her rights and obligations:
  - In accordance with Section 1820(1) of the Civil Code, the operator provides the User with the following information before the conclusion of the contract:
    - the operator does not charge the User any additional costs for means of distance communication that differ from the basic rate, no delivery costs are associated with the delivery of digital content;
    - if the service is charged, the User shall pay for the service before it is made available; the service shall be provided after the payment of the relevant price, i.e. after the requested amount is credited to the operator’s account. The operator does not require an advance payment and if so, the User shall be notified accordingly before the conclusion of the contract; the payment shall always be made electronically in advance via the PayPal, Google Play Store or Apple App Store service;
    - contracts are concluded within the framework of the Website and the Application for a definite period of time, namely for the duration of the user account.
  - By approving these Terms of Use, the User expressly agrees and requests, within the meaning of Sections 1823 and 1837(a) and (l) of the Civil Code, that the service pursuant to Sections 1823 a 1837(a) of the Civil Code and digital content within the meaning of Section 1837(l) of the Civil Code be provided to the User by the operator prior to the expiration of the time limit for the User’s withdrawal from the contract in accordance with the provision of Section 1820(1) of the Civil Code.
  - The User acknowledges that:
    - in connection with the conclusion of the contract by means of distance communication (via the Website and the Application), the User has the right, unless otherwise provided, to withdraw from the contract in accordance with the provision of Section 1829(1) of the Civil Code without stating reasons within 14 days from the day following after the conclusion of the contract;
    - pursuant to the provision of Section 1837(a) of the Civil Code, the User may not withdraw from the contract if the service was provided to him/her with his/her prior express consent before the expiration of the time limit for withdrawal;
    - pursuant to the provision of Section 1837(l) of the Civil Code, the User may not withdraw from the contract for the delivery of digital consent if it was not supplied on a tangible medium and if it was supplied with the prior express consent of the User before the expiration of the time limit for withdrawal from the contract;
    - according to Section 1834 of the Civil Code, if the User withdraws from a contract for the provision of services and the provider, at an express request of the User, began to perform before the expiration of the time limit for withdrawal from the contract, the User shall pay to the operator a part of the agreed price proportional to the performance provided until the time of withdrawal from the contract;
    - delivery of digital content expressly means downloading the relevant digital content to the User’s device or making it available by the operator;
    - with regard to the above and to the subject matter of performance of the contract, the User has the opportunity to withdraw from the contract within the meaning of Section 1829 of the Civil Code only if the User has not yet been provided with performance in the form of making digital content available in the user account in the Application. This does not affect the User’s right to claim the purchased goods in the event of non-functionality of the sent digital content.
  - In order to comply with the time limit for withdrawal from the contract, it is sufficient to send the notice of withdrawal from the contract before the expiration of the relevant time limit.
  - In the event of withdrawal from the contract pursuant to Section 1829(1) of the Civil Code, the contract is cancelled from the beginning. The operator shall immediately terminate the provision of the service or make digital content inaccessible to the User. The operator shall return the funds received from the User without undue delay, no later than within fourteen days from the delivery of the notice of withdrawal from the contract, in the same manner in which the operator received those funds from the User.
  - The operator is entitled to withdraw from the contract due to unavailability of services, or due to such a serious change that prevented the performance of the operator’s obligations under the contract, or due to force majeure, or when the operator is not able to deliver services to the User within the time limit or for the price agreed in the contract despite making all efforts that can be fairly required of the operator. The operator is obliged to inform the User accordingly without delay.
  - The operator reserves the right to withdraw from the contract or part thereof also in the event of an obvious verbal or numerical error in the price of services (i.e. the price is clearly different from the usual price for this type of services). An obvious verbal or numerical error in the price of services is, for example, erroneously stated digits, obviously low price of services and other obvious typing errors. In such case, the provider shall immediately contact the User in order to agree on further course of action.
  - The operator is also entitled to withdraw from the contract or part thereof in cases where provided by law.
2. Rights from defective performance
  - Regarding the rights arising from defective performance, the rights and obligations of the operator and the User who is a consumer are governed by the relevant generally binding legal regulations (with regard to the subject matter of performance of the contract, which are services consisting in making available digital content, especially the provisions of Sections 2615 to 2619 of the Civil Code and, pursuant to the provision of Section 2615 of the Civil Code, also similarly the provisions of Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
  - The operator is responsible to the User in connection with the delivery of digital content for the fact that at the time when the User accepted digital content:
    - digital content has the properties agreed upon by the Contracting Parties and, in the absence of such an agreement, it has the properties which the operator described or which the User expected with regard to the nature of digital content and on the basis of the advertising performed by them,
    - digital content is fit for the purpose stated by the provider for its use or for which digital content of this type is usually used,
    - digital content corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to such agreed sample or model,
    - digital content is in adequate quantity,
    - digital content complies with the requirements of legal regulations.
3. The provisions set out in the previous clause shall not apply to digital content provided at a lower price for a defect for which the lower price has been agreed or if it follows from the nature of the matter. If a defect becomes apparent within six months after the acceptance, the performance shall be deemed to have been defective already at the time of the acceptance.
4. Rights from defective performance may be exercised in particular in cases where:
  - the User paid for the availability of digital content and this was not delivered to his/her user account in the Application,
  - after downloading digital content, the User discovered that digital content other than the originally ordered one has been delivered,
  - digital content is damaged.
User and User Account
1. The User is a person over 16 years of age who has become acquainted with these Terms of Use and with the Principles of Personal Data Processing published on the Website.
2. To use the Application and all Magea Services in the full extent, the User is obliged to create a user account via the registration form, through which he/she will log in to the Application, and to provide all required current and valid information about the User. If the provided information changes during the time when the Application is used by the User, the User is obliged to immediately report such a change to the operator.
3. To complete the registration of the user account, a link to the website will be sent to the User’s email address, which the User must confirm.
4. By setting up the user account, a contract for the provision of services will be concluded between the operator and the User, which may be cancelled at any time by either Contracting Party by deleting the user account.
5. Each User may create only one user account for himself/herself.
6. By creating the user account, the Contract is concluded.
7. The user account is secured with a username and password. The User is obliged to keep the access data to his/her user account secret and to take other measures that prevent his/her access data from being easily obtained by third parties. The User is not entitled to allow other persons to use his/her user account. The operator is not liable for breach of this obligation by the User.
8. Furthermore, the User is obliged to respect and observe the security measures set by the operator for the use of services, in particular not to try to break, disrupt or circumvent these security measures in any way, not to enter the accounts of other users or attempt such access.
9. Through the Mageo Service, the User may add posts, comments, audiovisual content in the Mageo community, create or join groups and topics, invite other Users, share his/her content with other Users and create content, i.e. all that the service allows.
10. By uploading a post, photo or video to the Application, the User grants the operator a licence right to publish them. This licence right is granted for the duration of posting the given post, photo or video.
11. The operator does not limit the content of uploaded posts, videos or photos in any way. If posts, photos or videos intended only for adults will be uploaded (e.g. revealing photos), the User is obliged to mark these as posts for adults. The operator does not bear any responsibility for these posts.
12. If the User uploads vulgar, inappropriate, unethical, offensive or illegal posts, they may be immediately deleted by the operator, even without such post being reported by another User.
13. If the User breaches any of his/her obligations under this Article or if the operator is forced to delete the published posts several times, the operator is entitled to delete the User’s user account at any time.
14. The User agrees that, without the operator’s express written consent, he/she will not:
  1. use applications such as robots, web-crawlers, spiders or other similar software,
  2. copy any part of the operator’s website or mobile application,
  3. use the operator’s services for other than private purposes,
  4. excessively burden the operator’s IT infrastructure and hardware,
  5. abuse or exploit errors, undocumented functionalities, design errors or problems,
  6. interrupt or attempt to disrupt the proper functioning of the operator’s services,
  7. send, display, transmit or otherwise distribute or send by email any content that is illegal, harmful, threatening, defamatory, harassing, unlawful, contrary to good morals, offensive, vulgar, obscene, attacking privacy, hateful, harmful to minors, or racially, ethnically or otherwise harmful to another person or entity,
  8. pose as another person or identity,
  9. send, display, transmit or otherwise disseminate content to which the User is not entitled under any law or on the basis of a contractual relationship or authorization or for which the User has not received the required consent from third parties,
  10. send, display, transmit or otherwise distribute any content which infringes any patent, trade mark, trade secret, copyright or other intellectual property rights, or ownership or personal rights of any person,
  11. send, display, transmit or otherwise disseminate unauthorized advertising or promotional materials, spam, chain letters, pyramid schemes or any other forms of unauthorized harassment,
  12. reverse engineer, decompile or attempt to extract the source code of the software associated with the provider’s services,
  13. collect, store and distribute personal data of other users of the provider’s services.
15. The operator is entitled to cancel the user account without compensation due to a breach of obligations arising from these business terms and conditions. If the user account is cancelled, the user loses access to his/her user account.
16. Furthermore, the operator reserves the right to terminate or suspend user accounts that are inactive for a longer period of time.
17. A duly registered User has the right to submit reviews of the operator’s published services. The operator is entitled to monitor these reviews for violations of legality and good morals.
Terms of Use of the Mageo Services and the Application
1. It is not allowed to use the Mageo Services other than for one’s own use (both in whole and its individual parts) without the operator’s consent. Other use is subject to prior approval by the operator in accordance with the Copyright Act.
2. When the Application is used by the User, the User’s activity within the device on which the Application is running may be recorded. The operator has access only to those applications that are necessary for the use of the Application.
3. The operator offers the User some additional services which may be charged. In such a case, the User will select the required service from the services offered in advance via the Application, it being understood that the price for each of such services is always specified. Subsequently, the Contracting Parties will conclude a purchase contract the subject matter of which is the purchase of a service associated with the Mageo Application. Information on concluding the contract is given in Article II. of these Terms of Use. After ordering and paying the amount for the service in question, the service will be made available to the User in the Application. The User and the operator have all rights from this contract stated above.
4. It is forbidden to interfere in any way with the technical nature and content of the Mageo Services without the operator’s consent. Only the operator has the right to decide on the change, removal or addition of any part of its services. Some of the information published in the Mageo Service is taken over by the operator from other sources which it considers to be trustworthy. Nevertheless, the operator is in no way responsible for the accuracy and currency of the published information.
5. The operator shall not be responsible for any damage possibly incurred by Users in connection with the use of the Mageo Service. The operator also does not bear any responsibility for advertising or any other form of promotion carried out by any third party through the Mageo Service. Users hereby expressly waive the corresponding right to compensation for damage.
6. Furthermore, the operator does not bear any responsibility for content belonging to third parties, e.g. of websites that can be visited through the Mageo Services. However, if the content is inappropriate, it may be reported and subsequently blocked by our services.
7. With the exception of these Terms of Use, the publication of any data or information in the Mageo Service has not the nature of any legal act aimed at establishing a legal relationship between the operator and the User of the Mageo Services, unless otherwise stated in individual cases.
8. All information stated in the Mageo Service is for informational purposes only.
9. The operator declares and the User acknowledges that all content of the Application and the Website is the author’s work of the operator within the meaning of the Copyright Act. The User is not entitled to misuse elements of the copyright work in any way.
10. The User undertakes, in the event of a breach of these Terms of Use, to fully indemnify and hold harmless the operator against any claims (including claims for related costs) made against the operator as a result of such a breach of these Terms of Use.
11. By using the Mageo Services or other services of the operator envisaged by these Terms of Use, the Users waive the right to claim from the operator compensation for damage caused to them when using the Mageo Services. The operator acknowledges that the User cannot thus waive the right to compensation for damage caused to his/her natural rights or for damage caused intentionally or due to gross negligence. The operator is not responsible to Users for securing the provision of the Mageo Services and it is not in any other way responsible for damage or other harm that is or could be incurred by Users as a result of limitation, change or termination of the provision of the Mageo Services, disabling the User’s access to his/her user account or in the case of using any other right of the operator according to these Terms of Use or generally binding legal regulations. Furthermore, the operator does not bear any responsibility for damage incurred by Users or third parties due to a breach of the operator’s obligations or due to force majeure. The operator is expressly not responsible for damage or harm caused by a third party if such damage or harm was not caused by a subcontractor of the operator.
12. The User is not entitled to assign or otherwise transfer his/her rights arising from the Contract and/or these Terms of Use to a third party without the operator’s written consent.
13. With the exception of the non-transferable personal right to use the Mageo Services in accordance with these Terms of Use, Users do not acquire any intellectual property rights to the operator’s intellectual property rights nor any rights to the intellectual property rights of other persons by using the Mageo Services. In particular, Users are not entitled to use the operator’s trade marks, logos and graphics or the operator’s name, unless the use is made in connection with cooperation between the Contracting Parties or serves to positively promote the operator.
14. The User is not entitled to create derivative works based on the Software or the Website created by the operator.
15. The User’s user account is registered for an indefinite period of time, it being understood that the User may delete the user account at any time. The operator may delete the User’s user account in the event of a breach of the terms under these Terms of Use, due to force majeure or due to such events as a result of which it would not be fair to require that the operator provide the Mageo Services duly and in a timely manner. In such case, the operator shall not be responsible for any damage caused by the termination of the provision of the Mageo Services.
16. The user account will also be deleted if the Provider ceases to exist without a legal successor.
Final Provisions
1. These Terms of Use are not unchangeable. The operator is entitled to change these Terms of Use at any time, it being understood that the current wording of the Terms of Use will always be posted on the Website. By using the Application or by visiting our Website, you agree with this wording. Any changes to these Terms of Use cannot be applied retroactively.
2. These Terms of Use are governed by the legal order of the Czech Republic. Conflicting rules of law shall not be applied; however, if their application is necessary, they will be applied in the sense enabling the application of the legal order of the Czech Republic to the widest extent possible.
3. The Contract or other contracts envisaged by these Terms of Use are concluded for the period of existence of the User’s user account.
4. Any legal disputes between the Contracting Parties shall be settled by courts of the Czech Republic.
5. These Terms of Use come into force and take effect from 5 June 2020.

General Terms and Conditions of Use

Definitions

Basic Provisions

Contracts Concluded with the Consumer

User and User Account

Terms of Use of the Mageo Services and the Application

Final Provisions