widgetopia is a service offered by Firehop Ltd. Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website located at getwatchmaker.com (the “Site”), our online platform, which enables users to view watch faces and related services accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
- Your Acceptance
- By using or visiting the widgetopia website or any widgetopia products, softwares, data feeds, and services provided to you on, from, or through the widgetopia website, you signify your agreement to these terms and conditions. If you do not agree to any of these terms please do not use the Service.
- This Service is provided by widgetopia on an "AS IS" and "AS AVAILABLE" basis and widgetopia reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree to be bound by such modifications. widgetopia is and will not be liable to you for any modification, suspension or discontinuance of the Service.
- Information About Premium Subscription
- Payment will be charged to iTunes Account at the confirmation of purchase
- Your subscription will be automatically renewed within 1 day before the end of the current subscription
- Account will be charged for renewal within 24 hours prior to the end of the current subscription period
- Auto-renew option can be turned off in iTunes Account Settings
- No cancellation of the current subscription is allowed during active subscription period
- Any unused portion of the free trial will be forfeited when the user purchases a subscription
- The following subscriptions are available:
- 1 week subscription with 3 days trial version – $7.99
- 1 month subscription – $19.99 US$
- 12 months subscription – $49.99
- The prices above are in US dollars. Pricing in other countries may vary and actual charges may be converted to your local currency depending on the country.
- Service
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" may include the text, software, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of widgetopia, including but not limited to all products, software and services offered via the widgetopia website and mobile devices applications.
- The Service may contain links to third party websites that are not owned or controlled by widgetopia. widgetopia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, widgetopia will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve widgetopia from any and all liability arising from your use of any third-party website.
- Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
- widgetopia Accounts
- In order to access some features of the Service, you will have to create a widgetopia account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify widgetopia immediately of any breach of security or unauthorized use of your account.
- Although widgetopia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of widgetopia or others due to such unauthorized use.
- widgetopia Premium Accounts
- Premium Member and Premium Publisher accounts are based on periodic subscription fees which is available for all users. You can refer to our premium package plans for more details on premium accounts subscriptions.
- The subscriptions fees will be billed according to the respective payment method chosen by the user. Users who use widgetopia credits, their subscription will be automatically renewed provided that they have enough credits in their accounts.
- You agree to pay for all charges and fees incurred in connection with your username and password for widgetopia Premium Subscription Service. All fees and charges are non-refundable. If you would like to cancel your subscription, switch to another premium service package or if you believe someone has accessed your account without your authorization, please contact us.
- A premium account is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.
- You understand that your subscription or access to contents of the Site will be suspended if you violate the Terms of Service. Suspended accounts will not be restored and fees or charges will not be refunded.
- General Use of the Service-Permissions and Restrictions
widgetopia hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without widgetopia's prior written authorization, unless widgetopia makes available the means for such distribution through functionality offered by the Service.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the download page of the Service itself or other explicitly authorized means widgetopia may designate.
- You agree not to use the Service for any of the following commercial uses unless you obtain widgetopia's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from widgetopia appears on the same page and is of sufficient value to be the basis for such sales.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the widgetopia servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, widgetopia grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. widgetopia reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- widgetopia reserves the right to discontinue any aspect of the Service at any time.
- Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- All brand, product and service names used in this Service which identify widgetopia or third parties and their products and services are proprietary marks of widgetopia and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of widgetopia or any third party with respect to any such image, logo or name.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by widgetopia on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of widgetopia or the respective licensors of the Content. widgetopia and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that widgetopia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against widgetopia with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless widgetopia, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, widgetopia, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. widgetopia MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. widgetopia DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND widgetopia WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability
IN NO EVENT SHALL widgetopia, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT widgetopia SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- These Terms shall be governed by and construed in accordance with the laws of the United States of America. widgetopia makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless widgetopia, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
- Ability to Accept Terms of Service
You must be 13 years of age or older to install or to use the App. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the App for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the App or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the App, please contact us at [email protected].
- Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by widgetopia without restriction.
If you have any questions about these Terms or the Services, please contact Firehop at [email protected]