GO TRANSLATE
TERMS OF SERVICE

  1. Welcome to Go Translate

    1. Go Translate is a service which may allow you to perform translations of voice, text and photograph content to and from certain languages using the Go Translate application (the "App") which is available for download on your mobile device (the "Service").
    2. The Service is operated by HiClub Inc. ("HiClub ", "we", "our", or "us").

  2. Important warnings

    1. The translated content is provided for your information only and may not be accurate or complete. As such, you should not rely on the accuracy of any translations.
    2. You should not use the Service to communicate with anyone in situations that may impact your or others' finances, career, rights or freedoms, including any interactions with law enforcement, immigration officials or in the context of a business transaction or legal matter. You should always use a qualified interpreter for such interactions.
    3. You shall be solely responsible for any actions taken or decisions, recommendations, opinions or conclusions made, by you or any other third party, based (wholly or in part) on your reliance on the translated content provided under the Service.

  3. Your relationship with us

    1. This document and any documents referred to within it (collectively, the "Terms of Service" or “Agreement”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service.
    2. By using and accessing the Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Service. You may use the Service only if you can form a binding contract with HiClub, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
    3. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

  4. Information about us

    HiClub is a company registered in Japan, with its registered address at Roppongi Hills Mori Tower, Roppongi 6-10-1, Minato-ku, Tokyo 106-0032.

  5. Information about you

    Your privacy is important to us. You understand that by using the Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy. You should read our Privacy Policy to understand how we collect, use and share information about you. You acknowledge that you provide your personal information at your own risk.

  6. Accessing the Service

    1. To access our Service, you must download the App on your mobile device.
    2. You must be 13 years or older and capable in your country of residence of entering into a legally binding agreement to use our Service.
    3. The Service is available in the following countries: United States, China, Japan, Germany, France, United Kingdom, Norway, Canada, South Korea, Russia, Australia, Spain, Portugal, Netherlands, Switzerland, and Taiwan. HiClub 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 entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

  7. Description of the Service

    1. Go Translate is a service which allows you to perform translations of voice, text and photograph content to and from certain languages as available from time to time.
    2. When you upload text content to the Service, the Service may translate the text and words and present the translation to you in text and voice format. When you activate the voice translation feature of the Service and submit voice content to the Service, the Service identifies your voice, converts the voice content into text, translates this and in turn presents the translation in text and voice format. When you upload photograph content to the Service, the Service may translate the text and words identified in the photograph content and present the translation to you in text and photograph format.

  8. Your right to use the Service

    1. The materials and content comprising the Service (“HiClub Content”), including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, and music, belong to us or our third-party licensors, and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Service. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any HiClub Content. Use of the HiClub Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
    2. Your right to use the Service is personal to you and you are not allowed to give this right to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
    3. As part of the Service, we allow you to download our App for use on your mobile device for the sole purpose of accessing and using our Service in accordance with these Terms of Service and, and subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited, freely revocable, personal, non-transferable license for your personal, noncommercial use only and as permitted by the features of the Service. HiClub reserves all rights not expressly granted herein in the Service and the HiClub Content. HiClub may terminate this license at any time for any reason or no reason.
    4. Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:

      1. not to copy our App or any portion of the Service;
      2. not to distribute, give, sell or otherwise make available our App or any portion of the Service to anybody else in any medium, including without limitation by any automated or non-automated “scraping”;
      3. not to change our App or any portion of the Service in any way;
      4. not to look for or access the code of our App or any portion of the Service that we have not expressly published publicly for general use.
    5. You agree that all confidential information, copyright and other intellectual property rights in our App or any portion of the Service belong to us or the people who have licensed those rights to us.
    6. You agree that you have no rights in or to our App or any portion of the Service other than the right to use them in accordance with these Terms of Service.

  9. Mobile application

    1. We may make available software to access the Service via a mobile device. To use our App, you must have a mobile device that is compatible with the App. HiClub does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. HiClub hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that HiClub may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and HiClub or its third-party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. HiClub reserves all rights not expressly granted under this Agreement. If the App is being acquired on behalf of the United States Government, then the following provision applies. The App will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The App originates in the United States, and is subject to United States export laws and regulations. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Service.

  10. Apple App Store Provisions

    1. This clause 10 applies where the App has been acquired from the Apple App Store. You acknowledge and agree that the Terms of Service is solely between you and HiClub, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
    2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Service and any law applicable to HiClub as provider of the App.
    3. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to HiClub as provider of the software.
    4. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, HiClub, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service.
    5. You represent and warrant that (i) You are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    6. You and HiClub acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your license of the App, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to your license of the App against you as a third-party beneficiary thereof.

  11. Google Play Store Provisions

    1. This clause 11 applies where the App has been acquired from the Google Play Store.

      1. You acknowledge that the Terms of Service are between you and HiClub, and not with Google, Inc. (“Google”);
      2. Your use of the App must comply with Google’s then-current Google Play Store Terms of Service;
      3. Google is only a provider of the Google Play Store where you obtained the App;
      4. HiClub, and not Google, is solely responsible for its App;
      5. Google has no obligation or liability to you with respect to the App or the Terms of Service; and
      6. You acknowledge and agree that Google is a third-party beneficiary to the Terms of Service as it relates to HiClub’s App.

  12. Your content

    1. You confirm that voice, sounds, photograph, text or any other content or information that you provide to us whilst using the Service ("User Content") will meet the Rules of Acceptable Use.
    2. We do not claim ownership in your User Content and ownership will remain with you and any third party whose content you include in your User Content. You hereby grant, and you represent and warrant that you have all rights necessary to grant, us a sublicensable, transferable, irrevocable, worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, list information regarding, translate, license, sub-license, and exploit the User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, anywhere and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and HiClub’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
    3. You represent and warrant that you have the consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use, and you are able to grant us the above license for any third-party owned content you include in your User Content.
    4. Your User Content and HiClub’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
    5. HiClub may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
    6. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
    7. Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy which provides information on how we use your personal information.
    8. HiClub takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your User Content. You agree that HiClub shall not be liable for any damages you allege to incur as a result of or relating to any User Content. We have the right but no obligation to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.
    9. You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place HiClub under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, HiClub does not waive any rights to use similar or related ideas previously known to HiClub, or developed by its employees, or obtained from sources other than you.

  13. Rules of Acceptable Use

    1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
    2. When using the Service you must not:

      1. circumvent, disable or otherwise interfere with any security related features of the Service;
      2. bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
      3. permit another person to use the Service on your behalf unless such person is authorised by you;
      4. impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
      5. use the Service if we have suspended or banned you from using it;
      6. advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
      7. modify, interfere, intercept, disrupt or hack the Service;
      8. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
      9. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;
      10. collect any data from the Service other than in accordance with these Terms of Service;
      11. submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
      12. submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
      13. use any User Content in violation of any licensing terms specified by the owner;
      14. use the Service for any commercial solicitation purposes;
      15. submit or contribute any information or commentary about another person without that person's permission;
      16. threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
      17. use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time.
    3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

      1. immediate, temporary or permanent withdrawal of your right to use our Service;
      2. immediate, temporary or permanent removal of any User Content;
      3. issuance of a warning to you;
      4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    4. The responses described in paragraph 13.3 are not limited, and we may take any other action we reasonably deem appropriate.

  14. Notice and takedown policy

    1. Any person may contact us by sending us an "Infringement Notice" if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to GTfeedback@creativeappnow.com. Please provide the following information in the Infringement Notice:

      1. Your name and contact details;
      2. A statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
      3. A link to or such other means of identifying the problematic content.
    2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
    3. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
    4. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements do not constitute legal advice.

  15. Ending our relationship

    1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
    2. We may immediately terminate your use of the Service in our sole discretion if you engage in prohibited activities under the Rules of Acceptable Use, any other rule(s) or terms and conditions we set for accessing and using the Service including these Terms of Service.
    3. If you or we terminate your use of the Service, we may delete your User Content or any other information we hold about you. You will also lose any rights you have to use the Service, to access any of your User Content or any translated User Content provided by us through the Service. You should therefore ensure that you keep a copy of any information or content you use on the Service, including your User Content, as we will not offer you compensation for any losses you might suffer if you lose your right to access and use the Service, the User Content or any other information or content we make available to you through the Service.
    4. Nothing in this paragraph 15 affects any legal rights you may have under the law of the country in which you are resident.

  16. Indemnity

    1. You agree to defend, indemnify and hold harmless HiClub and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service.

  17. No warranty

    1. FEDERAL LAW, SOME STATES, PROVINCES (INCLUDING QUEBEC) AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE FOLLOWING EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    2. 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 OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HICLUB OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HICLUB, ITS SUBSIDIARIES, ITS AFFILIATES, 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.
    3. FURTHER, HICLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HICLUB WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM THE SERVICE OR SHARE YOUR USER CONTENT ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THIS AGREEMENT AND HICLUB’S PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SITES. YOU EXPRESSLY RELIEVE HICLUB FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT SUBMITTED BY OTHER USERS. 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 HICLUB SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

  18. Limitation of liability

    1. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR MAY RESTRICT EXCLUSION OF CERTAIN TYPES OF DAMAGES SUCH AS FOR BODILY HARM (SUCH AS IN QUEBEC), SO THE FOLLOWING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HICLUB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL HICLUB BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
    3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HICLUB 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 DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HICLUB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HICLUB HEREUNDER OR $100.00, WHICHEVER IS GREATER.
    4. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HICLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  19. Governing law, arbitration, and class action / jury trial waiver

    1. Governing Law (not applicable in Quebec). You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
    2. Arbitration (not applicable in Quebec). Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from HiClub. For any dispute with HiClub, you agree to first contact us at GTfeedback@creativeappnow.com and attempt to resolve the dispute with us informally. In the unlikely event that HiClub has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and HiClub agree otherwise. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing HiClub from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
    3. Some jurisdictions do not permit the selection of a governing law, mandatory arbitration or class action waivers. Sections 19.1, 19.2, and 19.3 will not apply to you solely to the extent they are prohibited by applicable law.

  20. Changes to the Service

    1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
    2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service or feature relating to the Service ("changes to the Service") without prior notice and liability, for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. These changes to the Service may affect your past activities on the Service, features that you use and your User Content ("Service elements"). Any changes to the Service could involve your Service elements being deleted or reset.
    3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.

  21. Changes to the documents

    1. HiClub may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by HiClub in our sole discretion. HiClub reserves the right to determine the form and means of providing notifications to our users. HiClub is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. HiClub may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

  22. Documents that apply to our relationship with you

    1. The current version of the Terms of Service contains the terms and conditions that apply to our relationship with you.
    2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced, then the remainder of the Terms of Service will still apply to our relationship.
    3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

  23. Assignment

    1. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HiClub without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  24. No waiver

    1. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HiClub’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  25. Contact and complaints

    1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at GTfeedback@creativeappnow.com. We value hearing from our users, and are always interested in learning about ways we can improve the Service.
    2. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Last Modified: July 2, 2019