TERMS OF USEPLEASE ENSURE TO READ THE FOLLOWING CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE APP OR SITE.
Watch Faces Lab (together with Content and Marks, the "App"). Prior to use this App, please take a moment to read through the following Terms of Use attentively. This will help you understand your legal rights and obligations concerning the Developer ("developer", "we," "our," or "us"). By accessing or using the App, you explicitly acknowledge and consent to entering into a binding legal agreement with us. It's important to understand and agree to comply with these Terms of Use, along with the Privacy Policy accessible by clicking here (the "Terms"). Please note that the App is intended for individuals aged eighteen (18) years or older. If you are under 18 years of age, we kindly ask you not to visit or use the App.
By doing so, you hereby waive any applicable rights to request an original (non-electronic) signature or the delivery or retention of non-electronic records, to the extent permitted by applicable law. If you do not agree to be bound by these Terms, please refrain from accessing or using the App.
Ability to Accept Terms. Access to the App
. During the period in which these Terms are in effect, we hereby grant you permission to enter and use the App, on the condition that you adhere to these Terms and applicable law.
In-Application Transactions. The App might feature in-application transactions enabling you to purchase various items, services, or subscriptions. Further details on how you can manage in-application transactions via your device may be outlined in the terms and conditions of the app store or in your device's help settings. In-application transactions are only usable within the app. Once initiated, they cannot be revoked after download. They cannot be exchanged for cash or any other form of compensation or transferred. If any in-application transaction fails to download or fails to function properly post-download, we will investigate the issue upon notification. We'll reasonably assess whether to provide a replacement or issue a patch. We won't charge you for replacements or repairs. If we're unable to address the issue within a reasonable timeframe and without significant inconvenience to you, we'll authorize the app store to refund you or you may directly contact them for a refund. You understand that all billing and transaction procedures are managed by the app store from which you downloaded the app, and are subject to its terms and conditions. For any payment-related concerns regarding in-application transactions, please contact the app store directly.
Subscription period. Access to the Service or certain features of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan we offer and you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancels it.
Subscription cancellations. You may cancel Your Subscription renewal with the Application Store. See
https://support.apple.com/en-us/HT202039 for more information on the process. You will not receive a refund for the fees you already paid for your current Subscription period and You will be able to access the App until the end of Your current Subscription period until 90 days are left of using the app, according to Apple Guidelines.
Billing. Subscriptions are processed via an In-app Purchase, with all billing managed by the Application Store and subject to the Application Store's own terms and conditions. For further details, please refer to:
https://www.apple.com/legal/internet-services/itunes/us/terms.htmlRefunds. Subscriptions are facilitated through an In-app purchase, and any refund requests are subject to the refund policy of the Application Store. If You want to request a refund, kindly contact the Application Store directly. For additional assistance, please visit:
https://support.apple.com/en-us/HT204084Free Trial. The Company reserves the right to provide a Trial Period for a Subscription at its discretion for a set duration. If you do not cancel your Subscription by the end of the Free Trial Period, you will automatically be charged the relevant Subscription fees based on your selected Subscription type. For more details, please visit:
https://support.apple.com/en-us/HT202039Restrictions. You shall not: (i) copy, distribute or modify any part of the App without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the App; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the App; and/or (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the App.
Intellectual Property Rights.Content and Marks. The (i) content on the App, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of the developer and/or its licensors and are protected by applicable copyright or other intellectual property laws and treaties. The App, the App logo, and other marks are Marks of the developer or its affiliates. All other trademarks, service marks, and logos used on the App are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the App and the Content.
Use of Content. Content on the App is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever (including, without limitation, to create derivative works) without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
Third Party Sources and Content- The App enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). The App may also enable you to communicate and interact with Third Party Sources. "Third Party Source(s)" means: (i) third party websites and services; and (ii) our partners and customers.
- We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.
- We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety or Intellectual Property Rights (as defined below) of, or relating to, any Third Party Content.
- We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
- By using the Service you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
- You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the developer, and release the developer from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
Links. The App may contain links, and may enable you to post content, to third party websites that are not owned or controlled by the developer. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release the developer from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
We permits you to link to the App provided that: (i) you link to but do not replicate any page on this App; (ii) the hyperlink text shall accurately describe the Content as it appears on the App; (iii) you shall not misrepresent your relationship with the developer or present any false information about the developer and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (v) you, and your website, comply with these Terms and applicable law.
User Submissions.Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize the App to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the App and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
License to User Submissions. Subject to this Agreement and the terms of our Privacy Policy, by submitting the User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the App and our business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the App or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
Responsibility. The App may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
Exposure. You understand and acknowledge that when accessing and using the App: (i) you will be exposed to User Submissions from a variety of sources, and that the developer is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to the aforesaid.
Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the App, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the App Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the developer, its users or the public.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
Privacy. We will use any personal information that we may collect or obtain in connection with the App in accordance with our privacy policy which is available at. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
Warranty Disclaimers. This section applies whether or not the services provided under the App are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DOES NOT GUARANTEE THAT THE APP WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE APP MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE APP BY A THIRD PARTY.
THE DEVELOPER DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT THE DEVELOPER SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY APP USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY APP CONTENT (INCLUDING WITHOUT LIMITATION, ANY USER SUBMISSIONS), OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE APP, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF, OR ARISING FROM YOUR USE OF THE APP, YOU AGREE THAT THE DEVELOPER IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, THE DEVELOPER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE APP.
WE ENDEAVOR TO OFFER YOU VALUABLE INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT ARE FEATURED / REVIEWED ON THE APP. HOWEVER, IN ORDER TO PROVIDE YOU WITH THIS INFORMATION AT NO COST, WE MUST SEEKREVENUES OPPORTUNITIES THROUGH OTHER MEANS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO THOSE THIRD PARTIES THAT ARE FEATURED ON OUR APP, AND WE MAY RECEIVE FEES EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM. IN ALL CASES, HOWEVER, THE REVENUES THAT ARE PAID TO THE DEVELOPER WILL NOT INFLUENCE THE MATERIAL WE PRESENT ABOUT A SPECIFIC THIRD PARTY FEATURED ON OUR APP.
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so limitation may not apply to you. In no event shall the aggregate liability of the developer for any and all damages arising under these terms or out of your use of, or inability to use, the app exceed the total amount of us $50.
Indemnity. You agree to defend, indemnify and hold harmless the developer and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the App; (ii) your User Submissions; (iii) your interaction with any App user; or (iv) your violation of these Terms.
Term and Termination. These Terms are effective until terminated by the developer or you. Either party is entitled to unilaterally terminate this Agreement at any time, without indicating the reason therefor and without bearing any cost.
We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
The developer, in its sole discretion, has the right to terminate these Terms and/or your access to the App, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). The developer shall not be liable to you or any third party for termination of the App, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. Upon termination of these Terms, you shall cease all use of the App. This Sections — Intellectual Property Rights, License to User Submissions, Privacy, Warranty Disclaimers, Limitation of Liability, Indemnity, Independent Contractors and General shall survive termination of these Terms.
Independent Contractors. You and the developer are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and the developer. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of the developer.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the developer without restriction or notification to you.
General. The developer reserves the right to discontinue or modify any aspect of the App at any time. These Terms and the relationship between you and the developer shall be governed by and construed in accordance with the laws of the State of Israel, with no regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that the developer may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and the developer concerning the App. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact Us. If you have any questions or suggestions — do not hesitate to contact us at hello@watchfaceslab.com