End User Licence Agreement (Eula)
1. This EULA
1.1. We are Feel Inspired Group Pty, Ltd, ABN 18615873286 Australia, Vic and we own and operate the MakeApp mobile application.
1.2. By downloading and using MakeApp, you agree to comply with this EULA. If you do not agree to this EULA then you must stop using MakeApp and delete it from your device.
1.3. We may update this EULA from time to time by posting the updated EULA in MakeApp. If you continue to use MakeApp then you will be deemed to have agreed to the updated EULA.
1.4. The standard licence terms set out in the Apple Media Services Terms and Conditions (including all disclaimers and limitations of liability set out in the Apple Media Services Terms and Conditions) apply to your use of MakeApp and are incorporated into this EULA. To the extent of any inconsistency between the Apple Media Services Terms and Conditions and this EULA, the terms of this EULA will take precedence.
2. Your rights to use MakeApp
2.1. We grant you a limited, revocable, non-exclusive and non-transferable licence to use MakeApp on your device in accordance with the Usage Rule in the Apple Media Services Terms and Conditions.
2.2. Certain features of MakeApp may only be accessible if you register for an account on MakeApp. In this case, we will issue you with a user name and other log-in details for your account. You must keep this information secure, and you will be responsible for any use of MakeApp using your log-in details.
2.3. We may change MakeApp, including by adding or removing any features or functionality, at any time and without notice to you.
2.4. We may suspend or terminate your access to or use of MakeApp at any time and without notice to you if we have reason to suspect you have breached this EULA or we otherwise reasonably consider that your use of MakeApp is not appropriate.
3. Your interaction with other users
3.1. We are not responsible for:
3.1.1. the accuracy of any information posted by another user on MakeApp; or
3.1.2. any interaction that you have with other users that you contact using MakeApp.
3.2. If you decide to purchase services from or sell services to another user, that transaction will be the subject of a separate agreement between you and the other user. Any payments will take place directly between users without involving MakeApp.
3.3. For purchasers, you acknowledge that we are not responsible for any services that other users may advertise on MakeApp. You expressly acknowledge that we are not responsible, and will have no liability for, any services that you may purchase from another user. If you have any queries, complaints or claims in relation to those services, please direct them to the other user rather than to us.
3.4. For sellers, you acknowledge that we are not responsible for any other users who purchase services from you. You expressly acknowledge that we are not responsible, and will have no liability for, any purchase commitments made by another user. If you have any queries, complaints or claims in relation to a user who has purchased services from you, please direct them to the other user rather than to us. As a seller, you must ensure that you are of legal working age and that you otherwise satisfy all legal requirements to deliver your services to the purchaser.
4. Other usage rules
4.1. You must not use MakeApp to:
4.1.1. defame, harass, threaten, menace or offend any other person;
4.1.2. distribute obscene ,indecent, inflammatory or pornographic material, or any material that could give rise to civil or criminal proceedings; or
4.1.3. otherwise do anything that may result in a breach of law or infringe on the rights of any other person.
4.2. You must not transmit or do anything that:
4.2.1. interferes with the normal operation of MakeApp in anyway; or
4.2.2. inhibits any other user from using MakeApp.
4.3. You must not permit, enable or assist another person to do anything that you are prohibited from doing under this clause.
5. Intellectual property rights
5.1. We own all intellectual property rights in and to MakeApp. Except for the licence granted to you under these terms and conditions, you have no right, title or interest in or to MakeApp or any content made available to you through MakeApp. You must not use, reproduce, modify, adapt, public or communicate any such content without our express prior permission.
5.2. You grant us a perpetual, irrevocable, transferable, worldwide, royalty-free licence (including a right to sub-license) to use, reproduce, modify, adapt, publish or communicate your content as reasonably necessary in connection with the operation of MakeApp (including for advertising and promoting MakeApp).
5.3. You represent and warrant that:
5.3.1. you own all intellectual property rights in the photographs, text, videos and any other content that you may upload to MakeApp; and
5.3.2. to the extent your content includes images of any identifiable person or any identifiable brand, you represent and warrant that you have obtained all necessary consents from the relevant person or brand owner to upload those images to MakeApp and to authorise us to use that content in accordance with the licence granted under this EULA.
5.4. You indemnify us against all losses, damages, costs, expenses (including legal expenses) arising from or in connection with any third party claims that our use of your content in accordance with this EULA infringes the intellectual property or other rights of any third party.
5.5. We may remove, delete or otherwise restrict access to any of your content on MakeApp at any time for any reason.
You indemnify us against all losses, damages, costs, and expenses (including legal expenses) arising from or in connection with any breach by you of this EULA.
7. iTunes compliance
7.1. We (and not Apple) are solely responsible for MakeApp. If you have any queries, complaints or claims in relation to MakeApp, please direct them to us rather than to Apple. You should direct all communications to us at: email@example.com
7.2. If any third party claims that MakeApp, or your use of MakeApp in accordance with the licence that we grant to you, infringes that third party’s rights, then we (and not Apple) will be responsible for the investigation, defence, settlement and discharge of the claim.
7.3. You acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary.