Terms of Service for MacUpdate Website

Last updated: 27.03.2024

Intro

Tekkie OÜ (“Tekkie”, or “we”) welcomes you, our user (“you”). These Terms of Service (“Terms” or “Agreement”) apply to our website, available via the following link: www.macupdate.com (“MacUpdate”), and our Privacy Notice describes our collection and use of personal data connected to your access to and use of MacUpdate.

If you have any questions or comments about these Terms or the use of MacUpdate, please contact us.

Content

• About us
• Entire agreement
• Your use of MacUpdate website
• Account
• Sign-up
• Use of account
• Account problems
• Account deletion
• Third-party websites and services
• Content and intellectual property
• User content
• Your feedback
• Prohibited purposes and activities
• Warranties and disclaimers
• Limitation of liability
• Our liability
• Your liability
• Limitation of support
• Indemnification
• Force majeure
• Applicable law and jurisdiction
• Electronic communications
• Termination
• Termination by us
• Termination by you
• Miscellaneous

About us

Our support team is happy to assist you. Please note that we may not respond to offensive emails or messages. We kindly ask you to be polite during your communication with us.

Also, our support schedule is Monday-Friday, 09 AM – 06 PM GMT+2.

PLEASE NOTE THAT OUR CUSTOMER SERVICE REPRESENTATIVES ARE NOT AUTHORIZED TO BIND US OR TO CONTRAVENE THESE TERMS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR INFORMATION PROVIDED BY OUR CUSTOMER SERVICE REPRESENTATIVES THAT GOES BEYOND OR CONTRADICTS THE INFORMATION PROVIDED HEREIN.

Entire agreement

In brief:

• This is an agreement between us and users of MacUpdate.
• By accessing MacUpdate, you agree to comply with these Terms and applicable laws and regulations.
• You have to have full legal capacity to use MacUpdate.

These Terms and Privacy Notice constitute the entire legally binding agreement between us and our users.

By accessing MacUpdate or using it in any manner, including but not limited to, downloading, installing, or otherwise using all or any portion of the software and/or applications available via MacUpdate, you declare and confirm that:

• you have read, understand, and have the legal capacity to, and with this agree to be legally bound by and to comply with these Terms in full;
• under the laws of your jurisdiction, you have the full legal capacity and are eligible to enter into binding contracts and have no legal restriction to access or use MacUpdate (otherwise, you can access and use MacUpdate exclusively under the supervision of a parent or guardian);
• you grant us all permissions and licenses, where applicable, under these Terms; and
• you shall continuously comply with these Terms and all applicable laws and regulations each time you access or use MacUpdate.

If you use MacUpdate as a business representative, you further certify that you are eligible to legally bind the represented legal entity, grant us all permissions and licenses under these Terms, and disclose information about that legal entity.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO AND MUST DISCONTINUE ACCESSING MACUPDATE.

Your use of MacUpdate website

In brief:

• Using MacUpdate you can find, download, or update the application for your Device (-s).
• The software and/or applications made available through MacUpdate are licensed to you and are not sold to you.
• We are not responsible for any issues with applications available via the MacUpdate.
• Your license for an application is subject to the T&Cs between you and the Provider.

MacUpdate website is a community-powered platform from which users can find new applications software and/or applications, download them, or update the application (-s) they already have.

Please note that the software and/or applications made available through MacUpdate are licensed to you and are not sold to you. Your license for each application is subject to your acceptance of the terms and conditions, terms of use, terms of service, end-user license agreement, or any equivalent agreement with the same subject (listed collectively “T&Cs”) between you and the application owner or vendor (“Provider”). We are not responsible for any issues with applications available via the MacUpdate.

Subject to your full and continuous compliance with these Terms, you may use the MacUpdate website to browse, view, download, or purchase an application for your Mac devices (“Device”). To use MacUpdate, you will need a Device to meet the system and compatibility requirements for the relevant application alongside working internet access, and compatible software.

Account

In brief:

• You need a valid and accessible email address and a password to create the Account.
• You are solely responsible for the safekeeping and security of your Account and your credentials.
• You have to contact us if you have problems with your Account.

Sign-up

You need a valid and accessible email address and a password to create your personalized account (“Account”). Also, you may use your Google accounts – specify them via our sign-up form, and your Account will be created automatically using the provided credentials.

Use of account

You acknowledge that, for the entire time of the use of the Account, you have no ownership rights in your Account.

You must not transfer or assign your Account to someone else. Your responsibility is to ensure that your use of MacUpdate and Account does not contravene these Terms, applicable laws, rules, or regulations.

You are solely responsible for the safekeeping and security of your Account credentials and for any and all uses of your Account, whether or not you authorized them. You are prohibited from attempting to access a server or an account that you are not authorized to use.

Account problems

Please notify us immediately if:

• you know or have any reason to suspect that someone has gained access to your Account without your authorisation;
• your credentials have been lost, stolen, misappropriated, or otherwise compromised.

If you have lost a password to your Account, press the “Forgot your password?” on our login page and follow the instructions. You may also contact us, and we may help you to the extent technically possible.

Account deletion

To delete your account and personal data, you can press “Delete Account” in the “GDPR” section of the Account menu or contact us.

Please note that if you or we delete your Account, all of your Account information and your User Content will be deleted and removed from the MacUpdate website.

Also, if we disable access to your Account in accordance with the Terms (for example, if you violate the Terms), you may be prevented from accessing your Account details.

Third-party websites and services

In brief:

• The MacUpdate website contains or may depend on links to other websites and services.
• We are not responsible for the content, functions, and services offered through third-party websites or services.

The MacUpdate website contains or may depend on links to other websites and services.

Please pay close attention and note that the links to the websites, web platforms, or any other pages of the third parties (including, Providers) are provided to us directly or indirectly from them. Therefore, we can not control the correctness, validity, actuality, or quality of such links in any other manner of such links. If any questions or acquisitions related to the links arise, please contact these parties directly.

PLEASE NOTE THAT IF YOU MADE A PURCHASE FROM SOMEWHERE OTHER THAN THE MACUPDATE WEBSITE, PLEASE ADDRESS YOUR REFUND REQUEST TO THE THIRD PARTY WHERE THE APPLICATION WAS OBTAINED.

The access and use of the other websites and services we own or manage are subject to the relevant terms of service (or equivalents) published on such websites and services and are not governed by these Terms.

The access and use of the other websites and services we do not control are governed by third parties and do not fall under these Terms.

We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY SUCH THIRD-PARTY WEBSITES AND SERVICES OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE THEREOF.

Content and intellectual property

In brief:

• We own or have a relevant license to the Content.
• We give you the right to use the MacUpdate website under these Terms.
• You are solely responsible for your User Content.
• By submitting the Feedback, you grant us the right to use and publicly display the Feedback.

The MacUpdate website is owned and managed by us or our affiliates.

MacUpdate and text, graphics, information, images, drawings, trademarks, logos, videos, sounds, music, and other materials (collectively, – “Content”), as well as copyright and other intellectual property rights to such Content, belong to us or our affiliates or is included in MacUpdate with the consent of the relevant owners or rightsholders.

THE TERM “CONTENT” DOES NOT INCLUDE ANY MATERIALS THE USERS PROVIDE TO US IN ANY MANNER, INCLUDING SOFTWARE AND/OR APPLICATIONS PROVIDED BY THE PROVIDERS.

Subject to your continuous compliance with these Terms, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, and worldwide license to access and use the MacUpdate website and Content via the Device (-es) you lawfully own or control, in the manner provided for in these Terms.

We may provide upgrades, modifications, updates, or additions to the MacUpdate website. By agreeing to these Terms and using MacUpdate, you agree to automatically receive such upgrades, modifications, updates, or additions. The terms of this license shall apply to any such upgrades, modifications, updates, or additions unless a separate license accompanies it. In case these updates contain any paid offers, you will be notified about this, and you will have the option to decline such offers.

The Content, or any elements thereof, shall not be used in any manner without our or relevant owners’ or rightsholders’ prior written consent in any manner not provided by these Terms.

Under this license, you shall not:

• sell, lease, rent, license, sublicense, or otherwise distribute the Content;
• copy, decompile, disassemble, translate, or reverse engineer the Content, in whole or in part;
• reproduce, publish, transmit, write, or develop any derivative intellectual property objects, make an attempt to derive the source code of the relevant Content and its updates;
• provide, disclose, divulge, or make available to, or permit the use of the Content by any third party without our prior written consent;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party to protect the MacUpdate website and/or Content;
• use the MacUpdate website and Content for sending spam, opt-in or unsolicited email, port scanning, scanning for open proxies or open relays, attacking in any way, shape, or form any other computer or network;
• “scrape” or “crawl” any web pages of the MacUpdate website using manual or automated software, devices, script robots, or other means or processes;
• use or copy any information, Content, or data obtained from the MacUpdate website to provide any service that competes with our own;
• use the MacUpdate website and Content for illegal purposes or in any manner that is not provided under the license;
• change or delete any of our ownership notices from the Content downloaded or printed from the MacUpdate website.

Your license to access and use the MacUpdate website and Content shall be automatically revoked if you violate these Terms. We reserve all rights not expressly stated in these Terms.

We will enforce our intellectual property rights and use any remedy available under the applicable law.

User content

You own and are solely responsible for any software, applications, files, and other materials that you upload to your Account, disclose or distribute using the Account, or use in any other manner via the MacUpdate website (“User Content”).

Please note that your User Content shall not contain:

• any confidential, privileged, or private information belonging to others, including non-public information about an individual, company, or entity that you do not have the right to transmit, publish, or possess for any reason;
• any material that violates the privacy or publicity rights of others or infringes or misappropriates any intellectual property rights;
• anything sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
• anything embarrassing or offensive to another person or entity;
• anything that would give rise to criminal or civil liability; or
• anything that encourages conduct that constitutes a criminal offense.

We are not an agent for any of your User Content uploaded to the Account, disclosed or distributed using the Account, or used in any other manner via the MacUpdate website.

WE DO NOT REVIEW, SCREEN, EDIT, OR MONITOR SOFTWARE AND/OR APPLICATIONS THAT ARE MADE AVAILABLE FOR PURCHASE AND/OR DOWNLOADING VIA MACUPDATE BY USERS AS PROVIDERS (VENDORS).

WE ARE NOT INVOLVED IN ANY TRANSACTION BETWEEN USERS THEMSELVES (INCLUDING, THE CUSTOMERS-PROVIDERS TRANSACTIONS) AND WE ARE NOT INVOLVED IN ANY TRANSACTION BETWEEN THE USERS AND ANY THIRD-PARTY PARTIES THAT MAY BE ACCESSED OR BE REDIRECTED TO VIA THE LINKS PUBLISHED ON THE WEBSITE.

WE HAVE NO CONTROL OVER THE APPLICATIONS PURCHASABLE AND/OR DOWNLOADABLE VIA THE MACUPDATE WEBSITE OR THEIR QUALITY, TRUTH, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS.

Where it is necessary for the MacUpdate website, by submitting any User Content to MacUpdate (including by provision of any software and/or applications via the MacUpdate website), you grant us a worldwide, non-exclusive, transferable, royalty-free, fully paid-up, perpetual, irrevocable right and license, without further notice to you, to use and publicly display such User Content for our business, marketing, and promotional purposes.

At our sole discretion, the terms of cooperation between us and the particular Provider shall be governed by a separate agreement (contract).

Your feedback

We appreciate any of your feedback and comments on MacUpdate or your experience of its use (collectively, – “Feedback”).

Please stay on topic. We reserve the right to remove Feedback that is clearly off-topic. We also may remove Feedback that contains abusive, vulgar, offensive, racist, threatening or harassing content, personal attacks of any kind, or offensive terms that target specific individuals or groups. We reserve the right to remove spam, fake news and any other content which is not related in any way to the use of the applications (software products) or MacUpdate website. We may remove content that contains personal information or any other kind of information (whether your own or someone else’s) that is not related to your experience with applications (software products) or the MacUpdate website.

Please note that by submitting the Feedback to us directly or via any platform or social media, you:

• grant us a worldwide, nonexclusive, royalty-free, perpetual, revocable, transferable, assignable, and sub-licensable (through multiple tiers) license and right to copy, reproduce, use, modify, adapt, distribute, publish, translate, create derivative works from, distribute, and publicly display, including online, such Feedback on our website, social media accounts, our marketing, advertising, or any other informational communications distributed via email or otherwise, and in any other media, including for marketing and advertising purposes, and otherwise exploit such Feedback regardless of when and in what manner you provided it. You grant us the right to use and refer to the name or username that you submit in connection with such Feedback. For this reason, we ask that you not submit any Feedback or delete any existing one that you do not wish to license to us as set herein;
• agree and acknowledge that you are solely responsible for the information in your Feedback;
• represent and confirm that you were not asked, instructed, or commissioned to submit fake or misleading reviews and endorsements or misrepresent your experience with our services;
• represent and warrant that the use of your Feedback does not violate any third party’s rights;
• expressly release and discharge us, our affiliates, sublicensees, successors, and assignees from all liability, claims, and demands arising out of or in any way connected to our exercise of the rights granted under the license provided herein, including without limitation, any liability based on rights of publicity, invasion of privacy and other civil rights, moral rights, and copyright infringement.

Please, contact us to request to refrain from or discontinue our use of your Feedback at any time.

The Feedback appearing on the MacUpdate website, any other of our websites, social media accounts, and marketing, advertising, and other communication reflects the individual experience of those who have used our services. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other user might experience.

Prohibited purposes and activities

In brief:

• You are prohibited from using the MacUpdate website to conduct the prohibited activities and facilitate the prohibited purposes.
• We are entitled to but are not obliged to, and are not responsible for, control of the purposes of your use of the MacUpdate website.
• If we find you violating these provisions, we are entitled to apply any measures and legal remedies we see applicable and reasonable in such cases.

You are prohibited from using the MacUpdate website to conduct the following prohibited activities and facilitate the following prohibited purposes:

• initiation, facilitation, promotion, development, or participation in any other manner in any actions that are offensive by their nature, such as a promotion in any way racial or ethnic offenses, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty;
• support, promotion, sharing of the information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or physical violence or encourages conduct that would be considered a criminal offense or bring forth civil liability;
• promotion of the violent, repulsive, or hateful content, or content that contains, shares, or promotes misinformation, aggression, terrorism, spam, or misleading;
• promotion of the content that causes or can cause a destructive social impact, crimes, felonies, or misdemeanors, or interference in the work of any public authorities, commercial, non-profit or any other entities, social, political, or legal processes (including any political manipulations);
• promotion of the content that leads or can lead to the violation of any applicable laws, regulations, or third party’s rights;
• initiation, facilitation, promotion, development, or participation in any other manner in bullying, harassment, or threatening another individual;
• displaying or promotion of the pornographic or sexually explicit material of any kind, including underage;
• promotion of sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation;
• promotion of unauthorized advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
• demonstration of nude bodies, offensive gestures, and motions.

We are entitled to but are not obliged to, and are not responsible for, control of the purposes of your use of the MacUpdate website.

Please note that if we find you violating these provisions, we are entitled to apply any measures and legal remedies we see applicable and reasonable in such cases.

Warranties and disclaimers

In brief:

• The MacUpdate website and Content are provided to you “as is” and “as available.”
• We do not promise that the MacUpdate website and Content will function uninterruptedly as provided in these Terms and disclaim all other warranties regarding the MacUpdate website and Content.
• If the MacUpdate website’s software malfunctions, we will make every commercially reasonable effort to resume its correct operation.

The MacUpdate website and Content are provided to you “as is” and “as available.”

By accessing the MacUpdate website, you declare and confirm that you are duly informed, aware of, and have no claims, demands, or objections that any of your activity is conducted at your own risk and any use of the software and/or applications purchasable and/or downloadable via the MacUpdate website is conducted solely at your own discretion and under your sole responsibility.

Also, we shall not be liable for any actions or inactions, decisions, or all other consequences resulting from the mentioned software and/or applications. You use the MacUpdate website on your own initiative and are solely responsible for compliance with local laws applicable to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES CONCERNING THE MACUPDATE WEBSITE, ITS FUNCTIONALITY, CONTENT, SOFTWARE AND/OR APPLICATIONS PURCHASABLE AND/OR DOWNLOADABLE VIA THE MACUPDATE WEBSITE, AND ANY INFORMATION PUBLISHED ON THE WEBSITE, INCLUDING, WITHOUT RESTRICTIONS, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR OTHER RIGHTS, AS WELL AS ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR TRADE USAGE.

We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the MacUpdate website and the Content and information included or published there.

We do not warrant that the operation of the MacUpdate website will be uninterrupted or secure, that any defects will be corrected, or that they will be free of viruses or other harmful elements.

We do our best to keep your data safe and secure and maintain the MacUpdate website’s functionality. However, the MacUpdate website may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, refused, limited, or curtailed.

We are not responsible for data loss or the inability to use the MacUpdate website or Content caused due to the above.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES AND OUR RESPECTIVE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MACUPDATE WILL MEET YOUR REQUIREMENTS OR THE OPERATION OF MACUPDATE WILL BE CORRECTED. FURTHERMORE, WE PROVIDE NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE WEBSITE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. WE STRONGLY RECOMMEND YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.

Limitation of liability

In brief:

• We are not liable for any loss or damage caused by your use or inability to use the MacUpdate website and Content, and any software or applications received via the MacUpdate website or otherwise arising under these Terms.
• We are not liable for any consequences of the implementation and application of the software or applications received via the MacUpdate website or Content in your personal or business activities.

Our liability

To the fullest extent permitted under the applicable law, we shall not be held responsible if any information, materials, or Content is available through the MacUpdate website or any typographical errors or omissions in the text or other materials.

In no event shall we, our affiliates, our subcontractors, or any other team members, vendors, and all other counterparties, be liable for any direct, indirect, incidental, special, consequential, or incidental damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the MacUpdate website or Content. We, our affiliates, our subcontractors, or any other team members, vendors, and all other counterparties shall not be liable for damage caused by the use of information obtained through the MacUpdate website or Content, as well as as a result of errors, defects, and interruptions in the MacUpdate website, even if we were notified of such damage.

We are not liable for any results of your implementation and application of the software or applications received via the MacUpdate website or Content in any of your personal or business activities.

The provision of this subsection shall be applied to the fullest extent permitted by applicable law.

If any part of the provision of this subsection is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then we shall be liable to you only for the real direct documented damages sustained you due to use of the MacUpdate website while our aggregate liability for all claims under such circumstances for liabilities shall not exceed the amount of USD 1,000.00 (one thousand U.S. dollars).

In no event shall you seek or be entitled to injunctive or other equitable relief, nor shall you be entitled to enjoin or restrain the operation or exploitation of the MacUpdate website, advertising, or other materials issued in connection with the MacUpdate website, or any content displayed through the MacUpdate website.

Your liability

You agree to be liable for your compliance with these Terms while accessing or using the MacUpdate website.

Limitation of support

In brief:

• Our support is limited to topics within the domain of basic usage of the MacUpdate website.
• Any support for a specific application is provided separately by the Provider of the respective application.

We will provide you with email support pertaining to your use of the MacUpdate website. This support will be limited to topics within the domain of basic usage of the MacUpdate website. We are not required to offer you general advice on technologies underlying or related to the MacUpdate website.

Any support for a specific application acquired through the MacUpdate website is provided separately in accordance with the policies of the Provider of the respective application.

Indemnification

In brief:

• If you violate these Terms, misuse the MacUpdate website, or violate any applicable law or third party’s rights, you agree to indemnify and defend us.

You agree to defend, indemnify and hold harmless us, our affiliates, our subcontractors, or any other team members, vendors, and all other counterparties, from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

• any breach by you of any of these Terms;
• your use/misuse of the MacUpdate website, any software or applications received via the MacUpdate website; or
• any violation by you of applicable law (-s), third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our legal strategy.

Force majeure

In brief:

• We are released from liability in the cases of force majeure.

We shall not be in default of any obligation under the Terms if the failure to perform the obligation is due to any event beyond our reasonable control, that is unforeseeable, the occurrence and effect of which are unavoidable and insurmountable (including, without limitation, power failures, internet failures, dislocating servers, DDoS attacks, hacking attacks, viruses, natural disaster, other acts of God, war, riot, insurrection, epidemic or pandemics (as declared by the World Health Organization), strikes, or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry).

Applicable law and jurisdiction

In brief:

• The laws of the Republic of Estonia govern these Terms.
• We hope to resolve all the issues by amicable means, but if a serious dispute arises between us, it must be resolved in the courts of the Republic of Estonia.

These Terms shall be exclusively governed by and construed under the laws of the Republic of Estonia, excluding its rules on conflict of laws.

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the MacUpdate website, Content, or these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be resolved through amicable negotiations directly with our team following the principles of good faith and cooperation.

If we cannot reach a consensus through negotiations, the dispute shall be settled exclusively in the national courts of the Republic of Estonia, subject to its jurisdiction rules, with the applicable substantive law of the Republic of Estonia.

All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.

TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS TO SETTLE ANY DISPUTE UNDER THESE TERMS SOLELY ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION, MEDIATION, LITIGATION, OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION, MEDIATION, LITIGATION, OR PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT.

Electronic communications

By using the MacUpdate website and providing us with your contact information, you understand and agree that we may send you recommendations and information via email regarding, without limitation:

• your use of the MacUpdate website, Content, or Account;
• updates of the MacUpdate website, terms of our services, and these Terms; or
• payments, transactions, and cancellations under these Terms.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

You can read more about the rules of personal data processing in our Privacy Notice.

Termination

In brief:

• To terminate this Agreement with us, you have to delete your Account (if any) and stop accessing and using in any manner the MacUpdate website.
• We are entitled to delete your Account or terminate your access to the MacUpdate website if you violate these Terms.

Termination by us

We reserve the right at our sole discretion to modify, suspend, or discontinue the MacUpdate website, any Content, features, services or offers available via the MacUpdate website at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension, cancellation, or termination of your license (in whole or in particular part) and access to the Account, MacUpdate website, and Content.

We can cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.

Termination by you

You may terminate this Agreement by the deletion of your Account (if any) and stopping accessing and using in any manner the MacUpdate website. If you terminate this Agreement, all permissions and licenses provided to you under these Terms will immediately terminate.

Miscellaneous

We reserve the right to transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.

We reserve the right to modify these Terms at any time at our sole discretion. If material changes affect your use of the MacUpdate website, we’ll notify you before the changes’ effective date via the MacUpdate website or otherwise at our sole discretion. If you continue to use the MacUpdate website, you agree to the updated version of these Terms.

If any provision of these Terms is recognized unlawful, void, or unenforceable by a relevant authority, the remaining provisions will remain valid and enforceable. Our failure to exercise or enforce any right under these Terms shall not be construed as a waiver of such right.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the MacUpdate website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.