Please read these Terms carefully. By using MacScene, you agree to these Terms. This is a legal agreement.
Through the MacScene product, MacScene provides website operators and other individuals with several tools and resources (including this website) to enable them to create, publish, and manage mobile applications (the “Services”). The following terms and conditions govern all use of the Services and all content, services, and products available at or through the MacScene website.
By posting updated versions of the agreement on the website, or otherwise providing notice to you, MacScene may modify the terms of this agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised agreement on the MacScene website. Your continued use of the Services will constitute your acceptance of the variation to the agreement. MacScene will use reasonable efforts to make you aware of any changes to the terms of this agreement. Please read this agreement carefully before accessing or using the website.
By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by MacScene, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.
1 – Your Account and Mobile App.
If you create an app on the website, you are responsible for maintaining the security of your account and app, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the app.
You must not describe or assign keywords to your app misleadingly or unlawfully, including in a manner intended to trade on the name or reputation of others, and MacScene may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MacScene liability.
You must immediately notify MacScene of any unauthorized uses of your app, your account, or any other breaches of security. MacScene will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
The applications created using the Services will have to meet rules of the relevant app stores and marketplaces and, in particular, Apple’s App Store and Google Play. MacScene does not guarantee in any way that apps built using the Services will be approved for publication by any third party.
If you want to delete your account from the site or mobile apps, you need to open your settings page/edit the profile page, then click on the delete user account button.
2 – Responsibility of Contributors.
If you operate an app, comment on your app, post material to your app, post links on the app, or otherwise make (or allow any third party to make) material available by means of the service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that content.
That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- the content is not aggregated or copied from third party sites, even if the source is mentioned unless proof of authorization from the original content owner can be provided;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to pass through to end users any required terms successfully;
- the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your app is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other apps and websites, and similar unsolicited promotional methods;
- your app is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your app’s name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by MacScene or otherwise.
By submitting Content or graphic materials (e.g., your logo) to MacScene for inclusion on your app, you grant MacScene a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your app.
Without limiting any of those representations or warranties, MacScene has the right (though not the obligation) to, in MacScene’s sole discretion (i) refuse or remove any app that, in MacScene’s reasonable opinion, violates any MacScene policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MacScene’s sole discretion. MacScene will have no obligation to provide a refund of any amounts previously paid.
3 – Payment and Renewal.General Terms. By signing up for the service and submitting an order, you agree to pay MacScene monthly, annual, or one time payment fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated.
Automatic Renewal. Unless you notify MacScene before the end of the applicable subscription period that you want to cancel the service, your subscription will automatically renew. You authorize us to collect the then-applicable annual or monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Support. The MacScene service includes access to email support and, for certain services. “Email support” means the ability to make requests for technical support and assistance by email at any time (with reasonable efforts by MacScene to respond within seven business days maximum) concerning the use of the Services.
License. MacScene at this moment grants you a worldwide, non-exclusive, personal, non-assignable license to use the Services for the duration of this agreement, exclusively in the conditions hereunder.
4 – Responsibility of App users.
MacScene has not reviewed, and cannot review, all of the material, including computer software, posted to its customers’ apps, and cannot, therefore, be responsible for that material’s content, use or effects. MacScene disclaims any responsibility for any harm resulting from the use by users of the Website or apps, or any downloading by those users of content there posted.
5 – Copyright Infringement.
As MacScene asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MacScene violates your copyright, you are encouraged to notify MacScene. MacScene will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. MacScene will terminate a customer’s access to and use of the Website if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of MacScene or others. In the case of such termination, MacScene will have no obligation to provide a refund of any amounts previously paid to MacScene.
6 – Intellectual Property.
This Agreement does not transfer from MacScene to you any MacScene or third party intellectual property. All right, title and interest in and to such property will remain (as between the parties) solely with MacScene logo, and all other trademarks, service marks, graphics, and logos used in connection with MacScene, or the Website are trademarks or registered trademarks of MacScene or MacScene’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MacScene or third-party trademarks.
MacScene retains all right, title, and interest in and to the Site, Services, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, “MacScene IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of the MacScene IP shall inure to the benefit of MacScene, and you shall not: (i) contest, or assist others in contesting, our rights or interests in and to the MacScene IP or the validity of our rights in and to the MacScene IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said MacScene IP. All rights in the MacScene IP, which are not expressly granted herein are reserved by MacScene. You hereby agree to assign and do assign to MacScene any modifications or derivative works of any Services made by you in contravention of the foregoing limitation.
7 – Attribution & Advertisements.
MacScene reserves the right to display attribution links such as ‘Designed by MacScene’ or ‘Powered by MacScene’ in your app’s user interface. Such attribution links can be removed upon request and subject to subscribe to plans that include this feature.
MacScene reserves the right to display advertisements on your app unless you have purchased a plan that includes the removal of ads.
8 – Third-Party Services.
You may enable third-party services (like Google Firebase, Analytics, Admob, Onesignal), products, software (like themes or plugins, scripts), SDKs, or applications developed by a third party or yourself (“Third Party Services”) in your app.
If you use any Third Party Services, you understand that:
- Third-Party Services are not vetted, endorsed, or controlled by MacScene.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third-Party Services may not work appropriately with your app, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
9 – Termination.
If you wish to terminate this Agreement, you may contact MacScene and request a cancellation of your account. Notwithstanding the previous, if you have purchased an app, your account can only be terminated by MacScene if you materially breach this Agreement and fail to cure such breach within thirty (30) days of MacScene’s notice to you thereof; provided that MacScene can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10 – Disclaimer of Warranties.
The Website is provided “as is”. MacScene and its suppliers and licensors at this moment disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither MacScene nor its suppliers and licensors make any warranty that the Website will be error-free or that access to that will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your discretion and risk.
11 – General Representation and Warranty.
12 – Indemnification.
You agree to indemnify and hold harmless MacScene, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this agreement.
13 – Miscellaneous.
This agreement constitutes the entire agreement between MacScene and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MacScene, or by the posting by MacScene of a revised version. The agreement shall be governed by, interpreted, and construed by UAE law. The parties irrevocably agree that the courts of UAE shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) save that MacScene has the express right (at its sole discretion) to bring an action against you in a court or courts where you are resident, have your principal place of business or central administration. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MacScene may assign its rights under this Agreement without condition. This agreement will be binding upon and will insure to the benefit of the parties, their successors, and permitted assigns.