Last Updated: August 10, 2021
DESCRIPTION OF SERVICE
The Terms of Service and Condition of Use set forth the terms between Widget Club and “Users” or “User” of any services or features of the applications provided by Widget Club, including the Widget Club application (the “Service”).
PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE. BY ACCESSING, USING, SAVING, COPYING, PASTING, EDITING, SHARING, DOWNLOADING, PURCHASING AND/OR SUBSCRIBING TO Widget Club APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE OUTLINED TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE Widget Club app.
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 TEMS OF SERVICE
2.1. Users may use the Service only in accordance with the provisions of the Terms of Service. Users 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 User represents and warrants that the User is of the legal age of majority in the jurisdiction in which the User 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, Users are deemed to have validly and irrevocably consented to the Terms of Service.
2.4. If there are Separate Terms of Service, Users 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 Users in advance if such changes in revision is adverse to Users. 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.
4.1. When Users provide information about the User to Widget Club when using the Service, such information shall be true, accurate, complete, and kept up-to-date. In some cases, Users 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 Users who has registered for the Services may delete such User’s account and cancel the Services at any time.
4.3. Widget Club may terminate the agreement entered into between the User and Widget Club regarding the Service without giving prior notice to the User, 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 User and Widget Club.
4.4. Widget Club may also terminate this agreement between Widget Club and the User 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.
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 users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend User’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. SUBSCRIPTION FEES AND PAYMENT
We offer several types of subscription for our Services, including a free version, a monthly subscription, and an annual subscription. By selecting one of these subscriptions, you agree to pay in advance the applicable subscription fee, if any, as posted in the Application, plus any applicable taxes and other fees that may accrue in relation to your uses of the Services. All fees are non-refundable and non-transferable unless otherwise provided in these Terms.
7.1 Free Version
We offer a free version during which you may use the Services without payment for the period of time specified in the Application. We reserve the right to modify the free version at any time, without notice and in our sole discretion.
Your subscription automatically renews for the same period as your initial subscription unless auto-renew is turned off. If you cancel through your app store, please refer to and follow the terms and policies of your applicable mobile application store.
7.3 Cancellation of Subscription
You may cancel your subscription at any time. All payments are non-refundable and non-transferable. As effect of termination you immediately cease any and all use of and access to its Account for subscription. You will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. Subscription payment will be charged to your applicable app store’s account at confirmation of purchase and upon commencement of each renewal term. Subscriptions can be managed through your applicable app store’s account.
7.4 Subscription Price Changes
The price of subscriptions is subject to change at any time without notice. We reserve the right at any tie to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors, inaccuracies, or omissions on the Site or in the App, including after you have been charged your subscription fee. If we change the price of your monthly or annual subscription, you have the option to cancel at any time before the new price is applied. Please see above for further information about cancellation.
8. THIRD PARTY LINKS
9. PRODUCTION AND USE OF CONTENTS
9.1. 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 user 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 and photos uploaded by Creators belong to respective owners.
9.2. Users 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 Users a non- transferable, non-sublicensable, revocable and non-exclusive, limited license to use the Application for the sole purpose 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 Users 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.
9.3. Widget Club may distribute the Contents anywhere in the world from the date a User 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 User’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 User, 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.
9.4. Users acknowledge that Widget Club may use the Content and/or messages posted by Widget Club users, with the consent of such users, during the term and after the termination of the contractual relationship between the User and Widget Club hereunder.
9.5. Widget Club may use the Contents for advertising and promotion of Services operated by Widget Club without the prior consent of Users.
9.6. 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.
10. RESPONSIBILITIES OF USERS
10.1. Users agree that while being privileged to use the service, including (but not limited to) downloading assets and sharing, posting, transmitting, saving and downloading the Resources, Users do not have permission to otherwise violate Widget Club’s copyright and licensing rights by making derivative works outside of Widget Club app or by selling, distributing, transmitting, publishing, reproducing or exploiting the Resources, the service and any other material. Users understand that the Content contained in Widget Club app and the services offered cannot in any way be used for commercial or public purposes and are for personal, non-commercial purposes only.
10.2. Users understand that access to and use of Widget Club app and the service may require me to create an account (using my email and setting a password). They understand that their password protects their account and personal information. They accept that it is their responsibility to keep my password safe and secure. Users understand that they am responsible for the use of my username and password. In the event, the User suspects that their username and password has in any way been comprised, stolen, lost or accessed without their permission, the User must change their password immediately and/or submit an email or message through the contact us page. Users agree to contact Widget Club immediately of any unauthorized use of their account or any breach of security. Users understand that they may be liable for losses incurred by Widget Club or any other user because another person used my username and password or account as a result of my failure to keep my account details safe. Users understand that I am not allowed to use any other person’s username, password or account without obtaining their express permission and consent first. Widget Club will not be legally responsible or liable for any loss or damage that arises from your failure to conduct yourself in accordance with these terms.
10.3. All content is copyrighted and protected under Japan and international copyright law. Widget Club grants the User a limited personal, non-commercial, non-assignable, non-exclusive, revocable, and non-sublicensable license to access, use and share the content contained in Widget Club app within the previously listed usage rights.
10.4. By entering into this Agreement, Users grant Widget Club a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display “User-Generated Content”, in whole or in part, and to incorporate your “User-Generated Content” in other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes, without any payment to you. Users acknowledge that their “User-Generated Content” may be viewed, reproduced, published and/or modified by Widget Club.
You acknowledge that Widget Club may delete any “User-Generated Content” from Widget Club app and/or Widget Club’s servers at any time, for any reason, in its sole discretion without notice or liability to you. Widget Club reserves the right to not post or publish “User-Generated Content” and is not obligated to store any “User-Generated Content”.
10.5. Widget Club assumes no responsibility for any “User-Generated Content” made available by you or any third party in connection with Widget Club app. Widget Club is not responsible for any loss of or damage to any “User-Generated Content”, nor is Widget Club liable for any incorrect, defamatory, libelous, false, obscene, or offensive content you may encounter in connection with “User- Generated Content”. “User-Generated Content” is the sole responsibility of the User that made it available in connection with Widget Club app.
10.6. Except for the limited license granted to you, Widget Club retains and reserves all rights, titles, and interest in and to all Widget Club-owned or licensed intellectual property utilised in and in connection with Widget Club app, including, without limitation, content in their own designs and icons, the service copyrights, database rights, inventions, patents, trade secrets, know-how, and other confidential and proprietary information of Widget Club, and all other proprietary or intellectual property rights of any kind in any country (collectively, the “Widget Club Intellectual Property”).
10.7. The use of the Service, Widget Club app and the Resources shall NOT be taken to grant either directly or indirectly, or by implication, estoppel, or otherwise, any license under the copyrights, trademarks or trademark applications of Widget Club except for the normal, non-exclusive, limited license to use the Service, Widget Club app and the Resources as expressly set out herein. All other rights expressly reserved.
10.8. The limited license offered by Widget Club is effectively terminated where the User breaches any of the terms set in this agreement.
USERS UNDERSTAND THAT IF THEY ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE AND/OR WITH THESE TERMS, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF Widget Club app AND THE SERVICE INCLUDING IT’S FEATURES.
11. OUR PROPRIETY RIGHTS
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.
12. RESTRICTED MATTERS
12.1. Users understand that they must not provide their account password to any other person.
12.2. Users understand that they must not access Widget Club app or the Service through any other person’s username and password.
12.3. Users will not misrepresent the source, identity of the content transmitted or made available through Widget Club app or the Service.
12.4. Users 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. Users will not attempt to gain unauthorised 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. Users will not infringe any intellectual property or other proprietary rights of any party.
12.7. Users 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.
12.8. Users 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.
12.9. Users 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.
12.10. Users 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.
12.11. Users 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 Users to any harm or liability of any type.
12.12. Users 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.
12.13. Users will not violate any applicable local, state, national or international law, or any regulations having the force of law.
12.14. Users 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 Users in connection with the prohibited conduct.
12.15. Users will not harvest or collect email addresses or other contact information of other Users from the service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
12.16. Users will not advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
12.17. Users 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.
12.18. Users 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.
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. NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Widget Club AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
Widget Club DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Widget Club OWNED SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Widget Club WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. LIMITATION OF LIABILITY
15.1. Widget Club does not expressly or impliedly guarantee that the Service (including the Program) are free from any de facto or de jure defects (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for particular purposes, security-related faults, errors, bugs, or infringements of rights). Widget Club shall not be responsible for providing the Service to Users without such defects.
15.2. Widget Club shall not be liable for any damages incurred by Users in relation to the use of the Service, including, but not limited to, any measures taken by Widget Club in accordance with Terms of Service.
15.3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (1) IN NO EVENT WILL Widget Club BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY.
15.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Widget Club ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMA