Terms of Service
1 Who we are and what this agreement does
1.1 The Mazecraft Company apps are provided to you by The Mazecraft Company (“we”, “us” or “our”). 1.2 These terms of service (“Terms”) set out the terms on which you may use our mobile application software (including any upgrades, updates or supplements to it) (“App”). By installing the App or using the App, you agree to be bound by these Terms.
2 Your privacy
3 Apple App Store terms also apply
3.1 The ways in which you can use the App may also be controlled by the Apple App Store’s rules and policies (as applicable, depending on how you downloaded the App) available here: http://www.apple.com/legal/itunes/us/terms.html#APPS and/or Terms of Service and Apple App Store’s rules and policies (as applicable) will apply instead of these Terms where there are differences between these.
4 Operating system requirements
4.1 This App requires devices which support iOS version 10.0.
5 Support for the App and how to tell us about problems
5.1 Support. If you want to learn more about the App or have any problems using them please contact us using the details set out below.
5.2 Contacting us (including with complaints). If you think the App are faulty or misdescribed or wish to contact us for any other reason please email us at firstname.lastname@example.org.
5.3 How we will communicate with you. If we have to contact you we will do so by in-App notifications. If you have emailed us, we will contact you by using the email address you have provided.
6 Third-Party Ad Serving Technology
6.1 The App may incorporate third-party dynamic in-App advertisement serving technology which enables advertising to be temporarily uploaded into the App on your mobile device and replaced while you are online. When you use the App, we or third parties operating the advertisement serving technology may collect and use the information as specified in the Policy. We may partner from time to time with third-party advertising providers and each App might use one or more of them simultaneously.
7 How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these Terms you may:
7.1.1 download or stream a copy of the App onto a mobile or handheld devices and view, use and display the App on such devices for your personal purposes only.
7.1.2 receive and use any free supplementary software code or updates of the App incorporating “patches” and corrections of errors as we may provide to you.
8 You may not transfer the App to someone else
8.1 We are giving you personally the right to use the App. You may not transfer the App to someone else, whether for money, for anything else or for free. [However, as explained above, Shared Use is permitted (as defined in ‘How You May Use the App’ above).] If you sell any device on which the App is installed, you must remove the App from it.
9 Changes to these terms
9.1 We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 15 days’ notice of any change by sending you an in-App notification with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App.
10 Updates to the App
10.1 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
10.2 The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you download it.
11 If someone else owns the phone or device you are using
11.1 If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
12 We are not responsible for other websites you link to
12.1 The App may contain links to other independent websites which are not provided by us (such as Facebook or Twitter). Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
12.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
13 USER restrictions
You agree that you will:
13.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person (except as set out in the ‘How You May Use the App’ section above) without prior written consent from us; not commercially exploit the App, features, characters, design, 2D or 3D models, artwork, or any other part of the App; not copy the App, except as set out in the ‘How You May Use the App’ section above, or as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; not use cheats, automation software, bots, hacks or any other unauthorised software designed to modify or interfere with the App and/or any files that are part of the App; not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms; not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent permitted by law; and comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
14 Acceptable use restrictions
14.1.1 not use the App in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system; not infringe our rights or those of any third party (including, but not limited to, any intellectual property rights, privacy rights and rights of publicity) in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these Terms) and the sharing of any User Generated Content (or any other content) or, our use of such User Generated Content (or any other content) as set out in these Terms; not use music or other recordings in your User Generated Content (or any other content) unless you have the rights to do so or are the owner of all of the copyrights and any other intellectual property rights in such; not create, post or share User Generated Content (or any other content) or use the App in connection with User Generated Content (or any other content) that (i) is or is reasonably deemed by us to be defamatory, discriminatory, inappropriate, indecent, sexually explicit, violent, offensive, promotes illegal activities or contains nudity; (ii) makes untrue, dishonest, disparaging or libellous statements about us and/or the App; (iii) contains otherwise objectionable or offensive content or contains a link to such content; and/or (iv) could bring the reputation of the App and/or us into disrepute. not create, use, share or otherwise distribute any User Generated Content (or any other content) featuring an individual without that person’s written consent to use that person’s image, name or likeness in the manner contemplated by the App and these Terms; not create or use User Generated Content under the impression that we are a creator or sponsor of your User Generated Content. You are not permitted to use or modify our intellectual property rights or materials similar to our logos, trademarks or any other element of our intellectual property rights; not use User Generated Content for commercial purposes or charge any kind of fees for customers or visitors of your User Generated Content, without our express prior written approval; not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
15 CREATING AND SHARING USER GENERATED CONTENT
15.1 You are allowed to use our App to create content such as videos, messages, texts and other digital content (“User Generated Content”), subject to your compliance with the content standards set out in the ‘Acceptable Use Restrictions’ (above). In order to create User Generated Content you will need to allow our App access to your microphone, camera and/or photo library. This data is not collected or stored by us. 15.2 Any User Generated Content (or any other content) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Generated Content (and any other content). 15.3 We reserve the right to exercise the rights to your User Generated Content, including to use User Generated Content in whole or in part created using the App, including (without limitation) retweeting or sharing your User Generated Content on any social media channels or any other media, without liability for any payment (including royalties, fees or otherwise). 15.4 The App can be used to share User Generated Content with other sites, including social media sites (such as Facebook). You can use the App to share User Generated Content with others such as by SMS, email, YouTube and Twitter. You agree not to create or share User Generated Content that does not comply with content standards set out in the Acceptable Use Restrictions (above). 15.5 You acknowledge that you are solely responsible for your User Generated Content and for deciding where and what User Generated Content you share and with whom and the consequences of such creating, sharing or publishing. 15.6 The third party service providers we refer you to are independent; we do not endorse them or accept any responsibility for them. Except as stated otherwise, we have no control over the access to your User Generated Content, sharing of your User Generated Content, privacy or confidentiality of your User Generated Content and you, together with the third party service provider, are subject to their terms and have sole control over such User Generated Content. 15.7 You are solely responsible for securing and backing up your content (including User Generated Content). 15.8 If you believe any User Generated Content shared through the App on third party services, such as Facebook, are infringing your rights or do not comply with the Acceptable Use Restrictions, you will need to contact the relevant third party service provider as we are not able to remove this content.
16 Intellectual property rights
16.1 All intellectual property rights in the App, throughout the world belong to us and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these Terms.
17 Our responsibility for loss or damage suffered by you
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
17.2 We are not responsible for any User Generated Content you or any other users or third parties create with the App or share through the App. You acknowledge that you are solely responsible for your User Generated Content (and any other content) and for deciding where and what User Generated Content you share and with whom and the consequences of such sharing and/or publishing. Any loss or damage you incur as a result of the use of any User Generated Content that you send, upload, download, stream, post, transmit, display, share or otherwise make available or access through your use of the App or otherwise is solely your responsibility.
17.3 You understand that you may be exposed to User Generated Content that is inaccurate, offensive, indecent or inappropriate and you acknowledge that we will not be liable for any damages you allege to incur as a result of such User Generated Content (or any other content).
17.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
17.5 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
17.6 The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.7 The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Apple App Store or Google Play site) meet your requirements.
17.8 We are not responsible for events outside our control. If our provision of App or support for the App is delayed by an event outside of our control then we will attempt to notify you via an in-App message, a notice on our social media channel(s) or website and take steps to minimise the effect of the delay.
18 We may end your rights to use the App if you break these terms
18.1 We may end your rights to use the App at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. If we end your rights to use the App:
18.2.1 You must stop all activities authorised by these Terms, including your use of the App [and ensure that any Shared Use of the App is stopped (as defined above)]. You must delete or remove the App from all devices in your possession [(or the possession of those Shared Users)] and immediately destroy all copies of the App which you have [(or Shared Users have)] and confirm to us that you have done this.
19 Additional terms
19.1 We may transfer our rights and obligations under these Terms to another organisation.
19.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
19.3 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.