These Terms of Service (“Terms”) govern your access to and use of Widget Club apps. Please read these Terms carefully, and contact us if you have any questions.
Updated: Sep 14, 2021
DESCRIPTION OF SERVICE
Please read these terms carefully to ensure that you understand each provision. By accepting these terms, either by clicking a box indicating your acceptance, by downloading our mobile application, establishing an account, and/or using our services, you agree that (a) you have read and understood the terms; (b) you can enter into a binding contract; and (c) you accept the terms and agree that you are legally bound by its terms as well as the terms of an underlying the services which are expressly incorporated and referenced herein. If you do not agree with these terms and conditions, you must not accept these terms and may not use the services.
If you are unsure as to the terms set herein, please do not proceed further and contact support at support@liume.jp.
1. DEFINITION
1-1 “Content” means digital content, such as custom app icons, designs, creative works, widget designs, images, photos, artwork, graphics, elements and icons, photographs, logos, illustrations, data, content, text, wallpapers and all material which may be used or available via Services operated by Widget Club under the brand name “Widget Club” and its related Services (collectively, “Service” or “Services”).
1-2 “Resources” means (but are not limited to) all artwork, custom app icons, designs, creative works, widget designs, images, photos, artwork, graphics, elements and icons, photographs, logos, illustrations, data, content, text, wallpapers and all material content, text, copyrighted or licensed materials, associated websites, programs, software and/or all other material made available through Widget Club app / website or the Service or provided and/or owned by Widget Club.
1-3 “Separate Terms of Service” means any documents pertaining to the Service and provided or uploaded by Widget Club, such as “agreements”, “guidelines”, and “policies”.
2. CONSENT TO THE TERMS OF SERVICE
2.1. Creators may use the Service only in accordance with the provisions of the Terms of Service. Creators may not use the Service unless they validly and irrevocably consent to the Terms of Service.
2.2. By consenting to the Terms of Service, each Creator represents and warrants that the Creator is of the legal age of majority in the jurisdiction in which the Creator resides. Notwithstanding the foregoing, if a minor between the ages of 13 and the legal age of majority wishes to use the Service, the parent or legal guardian of the minor may allow the minor to use the Service solely under their supervision and only in accordance with the Terms of Service. In such case, the parent or legal guardian is liable for any acts committed by the minor.
2.3. By actually using the Service, Creators are deemed to have validly and irrevocably consented to the Terms of Service.
2.4. If there are Separate Terms of Service, Creators shall also comply with the provisions of the Separate Terms of Service as well as the Terms of Service.
3. AMENDMENTS AND MODIFICATIONS
Company may revise these Terms and Conditions as needed. Company shall notify Creators in advance if such changes in revision is adverse to Creators. We will inform you about the modifications via email or comparable means, as required by applicable laws. The revised Terms and Conditions shall apply to all Individual Contracts that remain at the time of revision.
4. ACCOUNT
4.1. When Creators provide information about the Creator to Widget Club when using the Service, such information shall be true, accurate, complete, and kept up-to-date. In some cases, Creators may be required to provide their name, address, phone numbers, e-mail address, information necessary to use certain features of the Service.
4.2. Any Creators who have registered for the Services may delete such Creator’s account and cancel the Services at any time.
4.3. Widget Club may terminate the agreement entered into between the Creator and Widget Club regarding the Service without giving prior notice to the Creator, if Widget Club believes is or is likely to be one of the following:
4.3.1. Any person that has harmed, or there is a possibility that such person may harm, the reputation of Widget Club;
4.3.2. Any person that has violated, or there is the possibility of a violation of, the Terms of Service, Separate Terms of Service, and any applicable laws and regulations;
4.3.3. Any person that has not used the Service for a certain period of time, or has been determined by Widget Club, under reasonable criterion, to make no use of the Service in the future;
4.3.4. In addition to all (4.3.1.) through (4.3.3.) above, any person that Widget Club, under reasonable criterion, determines as inappropriate to execute the Service, including, but not limited to, mutual trust being lost between the Creator and Widget Club.
4.4. Widget Club may also terminate this agreement between Widget Club and the Creator for any reason, or no reason and at any time.
4.5. These Terms are only for the benefit of you, the Creator. You shall have no right to assign these Terms or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
5. PRIVACY
Widget Club follows the provisions of the Widget Club’s Privacy Policy regarding the handling of personal information.
6. SERVICE
We may, without prior notice, change the Service; stop providing the Service (temporarily or permanently) or features of the Service (including the Resources), to you or to Creators generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Creator’s access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
7. THIRD PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Widget Club. Widget Club does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms of Service and the Privacy Policy do not apply to your use of such sites. You expressly relieve Widget Club from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Widget Club shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
8. PRODUCTION AND USE OF CONTENTS
8.1. The Terms of Service apply to (but are not limited to) all custom app icons, designs, creative works, widget designs, images, photos, artwork, graphics, photographs, illustrations, data, content, text, wallpapers and all material, copyrighted or licensed materials, associated websites, programs, software and/or all other material (collectively, the “Resources”). It also applies to Widget Club app material shared on social networking sites. Widget Club app and the Resources accessed and used by the Creator or otherwise made available through the service are owned, controlled and/or licensed by or to Widget Club and are protected by copyright and intellectual property rights. Please note, all logos, marks, fonts and photos belong to respective owners.
8.2. Creators may produce the Contents using the Application and submit their Contents to Widget Club by the method designated by Widget Club the review conducted by Widget Club for the distribution of the Contents. Widget Club grants to Creators a non- transferable, non-sublicensable, revocable and non-exclusive, limited license to use the Application for the sole purpose of using the Service. Widget Club may terminate this license at any time for any reason or no reason. Except for the rights expressly granted to Creators herein, all rights in or relating to the Service are the proprietary property of Widget Club. Widget Club reserves all rights not expressly granted herein and set out by this Agreement.
8.3. Widget Club may distribute the Contents anywhere in the world from the date a Creator makes a submission to Widget Club. For avoidance of doubt, Widget Club, at the time of distribution, may exclude certain country or region from the territory at the discretion of Widget Club. Widget Club will suspend or terminate the distribution upon Creator’s request made in a manner designated by Widget Club. Widget Club may partially or in whole restrict, suspend, or terminate the distribution of the Contents without the prior consent of Creator, if Widget Club determines that the Contents or the distribution of the Contents are inappropriate or if Widget Club determines that the display and/or motions of the Contents became inappropriate. Widget Club may also terminate the distribution of the Contents for any other reason or no reason.
8.4. Creators acknowledge that Widget Club may use the Content and/or messages posted by Widget Club Creators, with the consent of such Creators, during the term and after the termination of the contractual relationship between the Creator and Widget Club hereunder.
8.5. Widget Club may use the Contents for advertising and promotion of Services operated by Widget Club without the prior consent of Creators.
8.6. Widget Club may, at its own discretion, for example, at time of Apple or Google and/or the Service updates, modify or make derivative works to the Contents for the purpose of optimizing the display or motions of the Contents within the Service or any other reason.
9. RESPONSIBILITIES OF CREATORS
9.1. Creators shall use the Service on their own responsibility and at their expense and remain responsible for any acts and results thereof associated with their use of the Service, including, but not limited to, corresponding to any third party claims, demands, and/or lawsuits or the like at their own expense and responsibility. Widget Club’s review, approval or selection of the Contents will not relieve the Creator’s of any of responsibilities hereunder.
9.2. Widget Club may take measures that it considers necessary and appropriate, if Widget Club believes that a Creator is using the Service in a way which violates the Terms of Service. However, Widget Club shall not be responsible for correcting or preventing such violation.
9.3. In the case where Widget Club has suffered any loss or damage or has been charged an expense (including but not limited to lawyer’s fees) directly or indirectly (including but not limited to cases where Widget Club has been sued for damages by a third party) due to a Creator’s use of the Service, the Creator shall immediately compensate Widget Club in accordance with Widget Club’s request.
10. OUR PROPRIETY RIGHTS
10.1. Except for your Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, custom assets, graphics, illustrations, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and Content belonging to respective Creators, and all intellectual property rights related thereto, are the exclusive property of Widget Club.
10.2. Subject to the terms and conditions of Services, each Creator hereby grants to Widget Club a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the work and such derivative work. If you do not consent to accept the above, you may refuse to grant them by changing your application settings on "free to redistribute".
11. RESTRICTED MATTERS
12.1. Creators understand that they must not provide their account password to any other person.
12.2. Creators understand that they must not access Widget Club app or the Service through any other person’s username and password.
12.3. Creators will not misrepresent the source, identity of the content transmitted or made available through Widget Club app or the Service.
12.4. Creators will not intentionally interfere with or cause damage to the operation of Widget Club app or the Service or any User’s enjoyment of them, by any means.
12.5. Creators will not attempt to gain unauthorized access to Widget Club app or the Service, or any part of it, other accounts, computer systems or networks connected to Widget Club app or the Service, any part of it, through hacking, password mining or any other means or interfere with the proper working of Widget Club app or the Service, or any activities conducted on Widget Club app or the Service.
12.6. Creators will not make derivative works to any content or the identifiers on content without first obtaining the permission of Widget Club. Creators will not alter headers or otherwise remove watermarks outside of Widget Club app to disguise the origin of the content.
12.7. Creators will not infringe any intellectual property or other proprietary rights of any party.
12.8. Creators will not upload, post, email, transmit or otherwise make available any content that they do not have the right to make available under any law or under contractual or fiduciary relationships.
12.9. Creators will not upload, post, email, transmit or otherwise publish any content that contains constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation.
12.10. Creators will not upload, post, email, transmit or otherwise publish any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
12.11. Creators will not create, upload, post, email, transmit or otherwise publish any content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessive violent, defamatory, vulgar, obscene, pornographic, libelous, invasive, of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
12.12. Creators will not create, upload, post, email, transmit or otherwise publish any content that in the sole judgment of Widget Club, is objectionable or which restricts or inhibits any other person from using or enjoying Widget Club app or the Service, or which may expose Widget Club or its Creators to any harm or liability of any type.
12.13. Creators will not interfere with or disrupt Widget Club app, the Service or servers or networks connected to Widget Club app, or disobey any requirements, procedures, policies or regulations of networks connected to Widget Club app or the Service.
12.14. Creators will not violate any applicable local, state, national or international law, or any regulations having the force of law.
12.15. Creators will not impersonate any person or entity, including (but not limited to) a Widget Club employee, owner, or misrepresent my affiliation with a person or entity or collect or keep personal information about other Creators in connection with the prohibited conduct.
12.16. Creators will not harvest or collect email addresses or other contact information of other Creators from the service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
12.17. Creators will not advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
12.18. Creators will not publish, copy, modify, adapt, translate, create a derivative work of Widget Club app or the Service, decompile, dissemble all or a portion of Widget Club app or the Service, or reverse engineer, reverse assemble or otherwise attempt to discover any source code, lease, rent, sell, assign, sublicense, or otherwise transfer any right in the software of Widget Club app or the Service.
12.19. Creators will not encourage or permit others to use Widget Club app, the Service and the Resources to create content for any purpose that is unlawful or prohibited by these terms.
13. CONFIDENTIALITY
By using the Service you agree that you may acquire certain proprietary and confidential information (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.
14. SEVERABILITY
Where any provision of this Terms of Service is invalid or not enforceable in accordance with its terms, other provisions of the Terms of Service which are self-sustaining and capable of separate enforcement are, and continue to be, valid and enforceable in accordance with their terms.
15. DISPUTE RESOLUTION
These Terms and Conditions will be governed by the laws of Japan. Any conflicts between Creators and Widget Clube that arise from or in connection with the Service shall be resolved under the exclusive jurisdiction of the Tokyo District court of first instance.
PLEASE NOTE THAT BY USING THE WEBSITE, APP, PLATFORM AND/OR THE SERVICES YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE, APP, PLATFORM, AND/OR SERVICES AND EXIT IMMEDIATELY. IF YOU HAVE ANY QUESTIONS ABOUT OUR TERMS OF SERVICE, PLEASE FEEL FREE TO EMAIL US OR SUBMIT A MESSAGE VIA OUR CONTACT US FORM.
Created: Sep 24th, 2022
Updated: June 14th, 2023