TOS

Terms Of Use

Terms of Use for Mosaic App (Effective as of April. 10th, 2020)

Welcome to Mosaic (the “Platform”), which is provided by Dreamcahine LLC. in the United States (collectively such entities will be referred to as “Mosaic”, “Dreamachine” “we” or “us”).

These Terms of Use (“Terms”) apply to your access and use of this application and services (collectively, our “Services”) provided by Dreamachine LLC. 

Accepting the Terms

Please review these Terms carefully. By accessing the Mosaic website or by downloading Mosaic’s mobile app, you or the company or entity that you represent (“you,” “your,” “yours” or “user”) are consenting to be bound by and are becoming a party to these Terms of Service and Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy. If you do not agree to these Terms, you will have no right to use the Services. 

Description of Services 

The Mosaic App allows users to create connected stories from mechanism and templates using their photo and video content (“User Content”). These stories can be exported to user’s device to be shared on different platforms.

It’s important to check back to this page for updates since this app has new features frequently. 

The Services

    1. Services. Subject to these Terms of Service, The Company will use commercially reasonable efforts to make the Services available to you.
    2. Content. “Content” means information, data, text, fonts, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. As between the parties, all Content is owned by The Company or its licensors. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Subject to these Terms of Service, The Company (i) grants to you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use Content solely for purposes of using the Services for your internal use.

Restrictions on the Use of the Services

You will not directly or indirectly:

      1. sell, license, sublicense, distribute, copy, rent, or lease the Services, or include the Services in a service bureau, time-share outsourcing offering, or otherwise make the Services available to, or use the Services for the benefit of, any third party, or transfer any of the rights that you receive hereunder;
      2. interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein or attempt to gain unauthorized access to the Services or its related systems or networks;
      3. copy, modify, translate, or create derivative works based on the Services or any underlying software or any part, feature, function, or user interface thereof, including by framing (except as expressly allowed by The Company or mirroring any part of any Services or any Content;
      4. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;
      5. decompile, disassemble, decipher, or reverse engineer the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, (except to the extent such restriction is prohibited by applicable statutory law);
      6. remove any copyright notices, information, and restrictions contained in the Services or any Content;
      7. bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services) or take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
      8. make any automated use of the Mosaic App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure, including interfere or attempt to interfere with the proper functioning of the App;
      9. use the App to post content that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other intellectual property rights violation;
      10. use the App for any unlawful purpose or for the promotion of illegal activities;
      11. use the App to attempt to, or harass, abuse or harm another person or group;
      12. use another user’s account without permission;

Availability

We are not and will not be responsible or liable for any failure in the App or Services resulting from or attributable to (i) Customer Data or failures to deliver Customer Data to Mosaic app; (ii) failures in any telecommunications, network or other service or equipment outside of The Company’s facilities; or (iii) any force majeure or other cause beyond The Company’s reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service).

Limits

We may impose certain limits on the use of the Services, including usage limits for different Service plans, including without limitation the amount of Customer Data that may be stored, features that may be accessed number of users, or other rate or usage limitations at any time in our sole discretion.

Content And Restrictions

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”) that you share using the App. You understand that this content may be viewable by others including, but not limited to, those with whom you share the content. You agree that you are solely responsible for your content and that The Company is not responsible or liable for any of this content. 

You are solely responsible for the activity that occurs while using the App;

If you wish to remove your User Content from the App, you can delete it from the App, or alternatively delete the app from your device. 

By publicly sharing any User Content on social media platforms or any other public medium, you expressly grant Mosaic a royalty-free, sub-licensable, transferable, non-exclusive worldwide license to use, modify, publish, reproduce, translate, distribute, publicly display and make derivative works of User Content that you have created or edited via the App, without any further consent, notice and/or compensation to you or others. You represent and warrant that you have all rights necessary for this purpose. 

The Company does not guarantee the accuracy, completeness, or usefulness of any information in the App and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.

You agree that we are only acting as a passive channel for the online distribution and publication of your User Content. Other users may access and share your User Content if you share it via public social platforms such as Instagram. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App is solely your responsibility. 

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. Furthermore, you must be at least 18 years of age to use any Paid Services or any other portion of the Services that requires you to make any payment unless under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.

Paid Services 

Certain of our Services may be subject to payments now or in the future (the “Premium Services”). The Mosaic App allows you to make In App Purchases. In case there is a payment, it is collected by Apple. We may also offer subscriptions which will be paid via Apple.  

Please see our Premium Services page https://apps.apple.com/us/Mosaic for a description of the currently available Premium Services and the payment amounts (“Fees”) and terms applicable to such Premium Services. You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You must be an authorized entity to use this payment method. 

Mosaic PRO – Mosaic Pro subscription enables access to all template packs.

Yearly subscription

After the 7 day free trial, the subscription automatically renews for $29.99 per year. The renewal will happen automatically unless subscription is canceled 24 hours before the end of the free trial. If you cancel before the free trial ends, the remainder of the trial period will be forfeited. Payment will be charged to your Apple ID used to subscribe for free trial. You can manage your subscription by going to your account settings in your iPhone.

Monthly subscription

The subscription renews automatically for $4.99 per month. The renewal will happen automatically unless subscription is canceled 24 hours before the end of the current period. Payment will be charged to your Apple ID used to subscribe for free trial. You can manage your subscription by going to your account settings in your iPhone.

You can terminate your use of the Service and otherwise manage your account using the App.

YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT). If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.

No refunds are offered for any products or services offered via the App.

Monitoring Compliance 

The Company has the right to monitor access for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. 

We reserve the right, but are not obligated, to monitor or remove or disable your access to the App, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content you upload in connection with the App to be offensive or in violation of these Terms. The Company has the right to investigate violations of these Terms. The Company may also cooperate with law enforcement authorities to prosecute users who violate the law.

Feedback 

At all times The Company will have the unrestricted right to use and act upon any ideas, suggestions, documents, and/or proposals through its website, email, or social media accounts. Your Feedback automatically becomes the property of Company without any obligation of Company to you, and you are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.

The Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions

Intellectual Property 

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the App and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof is our proprietary property and are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, under the laws of any state, country, territory or other jurisdiction.

Indemnity

You agree to defend, indemnify, and hold harmless Dreamachine, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

Entire Agreement

These Terms constitute the whole legal agreement between you and the Dreamachine and govern your use of the Services and completely replace any prior agreements between you and the Dreamachine in relation to the Services.

Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services, or when we combine a few apps in one, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

Other Terms

Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.

No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

ARBITRATION AND CLASS ACTION WAIVER. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

Informal Process First. You agree that in the event of any dispute between you and Dreamachine, you will first contact Dreamachine and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Dreamachine’s services and/or products, including the Services, or relating in any way to the communications between you and Dreamachine or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Dreamachine. However, this arbitration agreement does not (a) govern any Claim by Dreamachine for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Dreamachine are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

Dreamachine LLC. 7231 SW 127th St., Miami, FL 33156

Email Address: legal@dreamachineapps.com

The arbitration will be administered by the American Arbitration Association (AAA) under its rules, including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Dreamachine each waive any right to a jury trial.

Notice For California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Information about our fees are  here. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Your Agreement To The Terms

BY USING MOSAIC YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Contact Us

If you have questions about our Terms Of Use, please contact us at hello@dreamachineapps.com 

Last Updated April 10th 2020