Welcome to WatchFace4u, an open source Watch Design sharing platform. Please read these
Terms of Service (the “ Terms”) carefully because they govern your use of our website located at
http://box5126.temp.domains/~watchfa1 (the “Site”), our online platform, which enables users to share designed
watch faces and download links to watch faces existent in the public repository, and related
services accessible via our Site. To make these Terms easier to read, the Site and our services
are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms,
please do not use the Services. If you are accessing and using the Services on behalf of a company
(such as your employer) or other legal entity, you represent and warrant that you have the authority
to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer
to that company or other legal entity.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either
by posting the modified Terms on the Site or through other communications. It’s important that you
review the Terms whenever we modify them because if you continue to use the Services after we
have posted modified Terms on the Site, you are indicating to us that you agree to be bound by
the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use
the Services anymore. Because our Services are evolving over time we may change or discontinue
all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
Eligibility
You may use the Services only if you are 16 years or older and are not barred from using the
Services under applicable law. In order to use the Paid Services (as defined below), you must be
18 years or older, capable of forming a binding contract with WatchFace4u, and not barred from
using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”).
You can do this via the Site using your email address. It’s important that you provide us with
accurate, complete and up-to-date information for your Account and you agree to update such
information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have
to suspend or terminate your Account. You agree that you won’t disclose your Account password
to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re
responsible for all activities that occur under your Account, whether or not you know about them.
How do the Services Work?
Using the Services
Through the Services, WatchFace4u provides Account holders with tools which enable Account
holders to share their own watch faces for smart watch devices as available on the Services, for
instance, for Apple Watch, which watch faces are for the purposes of these Terms, User Content
(as defined below).
Additionally, from time to time, we may offer Account holders with access to certain optional
features that require payment of a fee (the “Paid Features”).
Payment
Creation of an Account and use of basic Services is free. If you sign up for Paid Features, you
agree to pay fees as listed on the Services. You will make payment to us through credit card, or
any other method of payment we make available on the Services. You authorize WatchFace4u
and any payment service providers we engage to charge your payment method for the fees. All
fees or payments that you make pursuant to these Terms are non-refundable, even if you cancel
your Account.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services
(“Feedback”). You can submit Feedback by emailing us at info@box5126.temp.domains . You grant to
us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and
transferable license under any and all intellectual property rights that you own or control to use,
copy, modify, create derivative works based upon and otherwise exploit the Feedback for any
purpose.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio,
video, works of authorship of any kind, and information or other materials that are posted,
generated, provided or otherwise made available through the Services; and (ii) “ User Content”
means any Content that Account holders (including you) provide to be made available through the
Services, including watch faces created, designed and customized by you. Content includes
without limitation User Content.
Content Ownership, Responsibility and Removal
WatchFace4u does not claim any ownership rights in any User Content and nothing in these Terms
will be deemed to restrict any rights that you may have to use and exploit your User Content.
Subject to the foregoing, WatchFace4u and its licensors exclusively own all right, title and interest
in and to the Services and Content (other than User Content), including all associated intellectual
property rights. You acknowledge that the Services and Content are protected by copyright,
trademark, and other laws of all the countries in the world. You agree not to remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in
or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to WatchFace4u a
perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free, fully paid up rights and
license, with a right to sublicense through multiple tiers, including to other Account holders, to use,
copy, reproduce, modify for formatting and correction purposes, sell and offer for sale, distribute
copies of, publicly display, publicly perform and otherwise exploit your User Content, in any manner
in which WatchFace4u sees fit, in any and all media, now existing or hereafter developed,
including, but not limited to, in connection with operating and providing the Services and Content
to you and to other Account holders, and for any and all purposes, including for co mmercial and
for-profit purposes. You expressly acknowledge that under this license, WatchFace4u will have
the right to commercialize your User Content without any compensation to be paid to you.
You agree that you are solely responsible for all your User Content. You represent and warrant
that (i) your User Content is original; (ii) you own all your User Content or you have all rights that
are necessary to grant us the license rights in your User Content under these Terms; and (iii)
neither your User Content, nor your use and provision of your User Content to be made available
through the Services, nor any use of your User Content by WatchFace4u on or through the
Services, or by other individuals, including Account holders, will infringe, misappropriate or violate
a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation
of any applicable law or regulation.
To the fullest extent permitted by applicable law, you waive and agree never to assert, any and all
Moral Rights (as defined below) that you may have in or with respect to any User Content, during
and after the term of these Terms. “Moral Rights” mean any rights to claim authorship of a work,
to object to or prevent the modification or destruction of a work, to withdraw from circulation or
control the publication or distribution of a work, and any similar right, existing under judicial or
statutory law of any country in the world, or under any treaty, regardless of whether or not such
right as called or generally referred to as a “moral right.”
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete)
any of your User Content.
Rights in Content and User Content Granted by WatchFace4u
Subject to your compliance with these Terms, WatchFace4u grants you a limited, non-exclusive,
non-transferable, non-sublicensable license to use, publicly perform and publicly display User
Content uploaded by other Account holders, solely in connection with creation of a watch face in
accordance with your permitted use of the Services and solely for your personal and noncommercial purposes.
General Prohibitions
You agree not to do any of the following:
· Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or
violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual
property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false,
misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or
group; (vi) is violent or threatening or promotes violence or actions that are threatening to any
person or entity; or (vii) promotes illegal or harmful activities or substances.
· Use, display, mirror or frame the Services or any individual element within the Services,
WatchFace4u’ name, any WatchFace4u trademark, logo or other proprietary information, or the
layout and design of any page or form contained on a page, without WatchFace4u’ express written
consent;
· Access, tamper with, or use non-public areas of the Services, WatchFace4u’ computer systems,
or the technical delivery systems of WatchFace4u’ providers;
· Attempt to probe, scan or test the vulnerability of any WatchFace4u system or network or breach
any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological
measure implemented by WatchFace4u or any of WatchFace4u’ providers or any other third party
(including another user) to protect the Services or Content;
· Attempt to access or search the Services or Content or download Content from the Services
through the use of any engine, software, tool, agent, device or mechanism (including spiders,
robots, crawlers, data mining tools or the like) other than the software and/or search agents
provided by WatchFace4u or other generally available third-party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam,
chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a WatchFace4u trademark, logo
URL or product name without WatchFace4u’ express written consent;
· Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit
of any third party or in any manner not permitted by these Terms;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup
posting, or in any way use the Services or Content to send altered, deceptive or false sourceidentifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to
provide the Services or Content;
· Interfere with, or attempt to interfere with, the access of any user, host or network, including,
without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
· Collect or store any personally identifiable information from the Services from other users of the
Services without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Violate any applicable law or regulation; or
· Encourage or enable any other individual to do any of the foregoing.
WatchFace4u’ Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or
edit any Content, we have the right to do so for the purpose of operating the Services, 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 remove or disable access to any Content, including User
Content, at any time and without notice, including, but not limited to, if we, at our sole discretion,
consider any Content to be objectionable or in violation of these Terms. We hav e the right to
investigate violations of these Terms or conduct that affects the Services. We may also consult
and cooperate with law enforcement authorities to prosecute users who violate the law.
Copyright Policy
WatchFace4u respects copyright law and expects its users to do the same. It is WatchFace4u’
policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are
believed to be repeatedly infringing the rights of copyright holders.
Links to Third Party Websites or Resources
The Services and Website may contain links to third-party websites or resources. We provide these
links only as a convenience and are not responsible for the content, products or services on or
available from those websites or resources or links displayed on such websites. You acknowledge
sole responsibility for and assume all risk arising from, your use of any third-party websites or
resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and
without notice to you. You may cancel your Account at any time by sending an email to us at
info@box5126.temp.domains. Upon any termination, discontinuation or cancellation of Services or your
Account, the following provisions will survive: “Payment”, “Feedback”, “Privacy Policy”, “Content
and Content Rights”, “Content Ownership, Responsibility and Removal”, “General Prohibitions”,
“WatchFace4u’ Enforcement Rights”, “DMCA/Copyright Policy”, “Links to Third Party Websites or
Resources”, “Warranty Disclaimers”, “Indemnity”, “Limitation of Liability”, “Dispute Resolution” and
“General Terms”.
Warranty Disclaimers
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the
foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no
warranty that the Services will meet your requirements or be available on an uninterrupted, secure,
or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of any Content.
Indemnity
You will indemnify, defend and hold harmless WatchFace4u and its parent, affiliates, subsidiaries,
officers, directors, employees and agents, and assigns (the “Indemnified Parties”), from and
against any claims, disputes, demands, and proceedings of any kind threatened, asserted or filed
against Indemnified Party, and any liabilities, damages, losses, and costs and expenses of any
kind, including, without limitation, reasonable legal and accounting fees incurred in connection of
such Claims or arising out of or in any way connected with (i) your access to or use of the Services
or Content, (ii) your User Content, (iii) breach or alleged breach of any warranty or representation
made by you herein; and (iv) your violation of these Terms.
Limitation of Liability
NEITHER WatchFace4u NOR ANY OTHER party involved in creating, producing, or delivering the
services or content will be liable for any incidental, special, exemplary or consequential damages,
INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES
arising out of or in connection with these TERMS or from the use OF or inability to use the Services
or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT
LIABILITY or any other legal theory, and whether or not WATCHFACE4U has been informed of
the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will WatchFace4u’ total liability arising out of or in connection with THESE TERMS OR
FROM THE USE OF OR INABILITY TO USE the Services or content EXCEED THE AMOUNTS
YOU HAVE PAID TO WATCHFACE4U FOR USE OF THE SERVICES OR content OR ONE
HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO
WATCHFACE4U, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WATCHFACE4U
AND YOU.
Dispute Resolution
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California
without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and WatchFace4u agree that any dispute, claim or controversy arising out of or relating to
these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use
of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except
that each party retains the right: (i) to bring an individual action in small claims court and (ii) to
seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents or other intellectual property rights (the action described in the foregoing clause
(ii), an “ IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action
will be the state and federal courts located in the Northern District of California and each of the
parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge
and agree that you and WatchFace4u are each waiving the right to a trial by jury or to
participate as a plaintiff or class member in any purported class action or representative
proceeding. Further, unless both you and WatchFace4u otherwise agree in writing, the arbitrator
may not consolidate more than one person’s claims, and may not otherwise preside over any form
of any class or representative proceeding. If this specific paragraph is held unenforceable, then
the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the
preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance
with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.
(The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)
The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for
Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration
at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California
residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be
either a retired judge or an attorney licensed to practice law and will be selected by the parties
from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within
seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in
accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and WatchFace4u otherwise agree, the arbitration will be conducted in the county
where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted
solely on the basis of the documents that you and WatchFace4u submit to the arbitrator, unless
you request a hearing or the arbitrator determines that a hearing is necessary. If your claim
exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA
Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the
parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s
decision will include the essential findings and conclusions upon which the arbitrator based the
award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability”
section above as to the types and amounts of damages for which a party may be held liable. The
arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the
extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in
arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided
under applicable law. WatchFace4u will not seek, and hereby waives all rights it may have under
applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set
forth in the AAA Rules. However, if your claim for damages does not exceed $75,000,
WatchFace4u will pay all such fees unless the arbitrator finds that either the substance of your
claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an
improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure
11(b)).
Changes
Notwithstanding the provisions of the “Changes to the Terms or Services” section above, if
WatchFace4u changes this “Dispute Resolution” section after the date you first accepted these
Terms (or accepted any subsequent changes to these Terms), you may reject any such change
by sending us written notice (including by email to info@box5126.temp.domains) within 30 days of the
date such change became effective, as indicated in the “Last Updated” date above or in the date
of WatchFace4u’ email to you notifying you of such change. By rejecting any change, you are
agreeing that you will arbitrate any Dispute between you and WatchFace4u in accordance with the
provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or
accepted any subsequent changes to these Terms).
General Terms
These Terms constitute the entire and exclusive understanding and agreement between
WatchFace4u and you regarding the Services and Content, and these Terms supersede and
replace any and all prior oral or written understandings or agreements between WatchFace4u and
you regarding the Services and Content. If for any reason a court of competent jurisdiction finds
any provision of these Terms invalid or unenforceable, that provision will be enforced to the
maximum extent permissible and the other provisions of these Terms will remain in full force and
effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without
WatchFace4u’ prior written consent. Any attempt by you to assign or transfer these Terms, without
such consent, will be null. WatchFace4u may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties,
their successors and permitted assigns.
Any notices or other communications provided by WatchFace4u under these Terms, including
those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the
Services. For notices made by e-mail, the date of receipt will be deemed the date on which such
notice is transmitted.
WatchFace4u’ failure to enforce any right or provision of these Terms will not be considered a
waiver of such right or provision. The waiver of any such right or provision will be effective only if
in writing and signed by a duly authorized representative of WatchFace4u. Except as expressly
set forth in these Terms, the exercise by either party of any of its remedies under these Terms will
be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact WatchFace4u
at ino@box5126.temp.domains