Yumicons App and Website Terms and Conditions

The Yumicons Meme Maker App, also referred to here as the Yumicons App, is exclusively licensed for distribution and operational maintenance to EatBy Ltd. Steffan and Barbara Lewis are referred to as the app’s designers or owners (Yumicons designers or Yumicons owners).

EatBy Ltd., also trading as EatBy, (“us”, “our”, “we”) is a Company registered in Scotland, Company Number SC485422, with its registered office at 101 Rose St S Ln, Edinburgh EH2 3JG, UK.

 

We don't like terms and conditions any more than you do but unfortunately they are necessary in this complicated world! Please read them, we’ve tried to make them less tiresome where we can but the legal folks still want it mostly their way. Apparently we’ve got to cover our Yumicons peach. And 'IP' is short for intellectual property - such as pictures, images logos, music and stuff that's owned by someone, usually the person that made it.

So here goes…

 

These terms and conditions apply to our Application (App) products, Websites and Online Services.

 

Children who intend to use our Apps and Services must have permission from a parent or guardian who understands these terms and conditions.

 

This agreement is solely between you, the user and us, the owners of this app. By using the Yumicons App ("Application") or any associated intellectual property ("Services") you are affirming that you have read this page, understand it and agree to these terms and conditions. Action may be taken against users who are in breach of our conditions including being denied future access to the Yumicons App without refunds or compensation from us.

 

 

Scope of License.

 

You (the User) are hereby granted a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license solely to use the Application, to install and use the Yumicon App and is limited to use of the Yumicons App on either any iOS products or Android Products that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store or Google Play Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple's Family Sharing. A separate license is required for each operating system.

You may NOT do any of the following:

  • Sell, resell or commercially use our Services or Content except as specified below or with permission from the owners.
  • Copy, reproduce, distribute, publicly perform or publicly display Yumicons characters or Yumicons App Generated Content, except as stated below or with permission from the Yumicons Designers.
  • Modify the Yumicons App Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Yumicons Content beyond the scope of the intended purpose of the app.
  • Do sneaky stuff including using any data mining, robots or similar data gathering or extraction methods.
  • Use the Yumicons App in any way other than as expressly provided in these Terms without our written permission.

 

If only it could all stop here, eh? Sadly not. Please continue.

 

 

Definition of Yumicons.

 

Yumicons are the distinctive food character illustrations and animations created using photographic and digital techniques by Steffan Lewis. A limited number of still images of Yumicons characters are provided in the Yumicons App. Yumicons can be recreated using the Yumicons App by overlaying images of food with the digital artwork supplied within the app. All food (and drink) characters created using the Yumicons App's supplied contents available now and in future versions of the app are considered to be Yumicons characters.

 

 

Personal information

 

We may collect limited information from you to help us improve our service. We keep your details safe and they will not be disclosed to anyone unless we have your consent. Please also see our Privacy Policy.

 

We will not send you spam or other unwanted information. Very occasionally we may send you newsletters, information about updates and our other brilliant innovations and products or the names of contest winners. You will be able to opt out at any time. It is our duty, if asked by you, to provide you with a copy of all information held on our database about you. We will be delighted to do this but, for security, we will only send information by email to your registered login email address.

 

 

Use of Cookies.

 

This website uses cookies in order to function correctly. You can change your cookie options in your browser settings but it might affect your use of the Application. Please read our equally riveting Privacy Policy to see which cookies we use on this website.

 

Contacting us.

 

It's quickest to contact us via the Contact Us form.

 

By email:

support@yumicons.com

 

Our operations office where we can be contacted is 56 Hamilton Quay, Eastbourne, 23BN 5PZ

 

Tel: (Leave a message - UK National rates may not be included in your mobile minutes plan -  the contact form is always free!)

+44 (0) 8708200001

 

 

Amendments

 

We may update these terms and conditions from time to time. When we do, we will revise the updated date at the bottom of our website Terms and Conditions page. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Terms and conditions published on our website at http://create.yumicons.com/terms.html supersede all other Yumicons App terms and conditions including those that may be saved locally within the app on your device(s) or visible where the app is distributed from. We may also notify you of changes via your registered login email address. If you do not wish to accept the terms and conditions then you should refrain from using the Yumicons App and remove it from your device. You are advised to read these terms frequently as it is your sole responsibility to keep yourself informed of the changes taking place. Your continued use of the Services shall indicate your acceptance of the new terms. Removing the app from your device does not preclude you from these terms and conditions concerning artwork you may have already created using the app.

 

 

Wireless Data Services.

 

The Yumicons App requires data transfer between the device it is used on and our servers. The background images we supply in the app, for example, load into the app every time a category is tapped. Sharing images from the app will also use data.

Though this should not be an unreasonably large amount of data it is up to you to check that you are not exceeding data limits set by your service provider or in violation of your agreements with your service provider. You understand that this is solely your responsibility and that the developers of the Yumicons App cannot be held liable for data usage on your device.

 

 

Feedback

 

We welcome your feedback, we love to hear from you.

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Yumicons or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of the Yumicons Owners. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. So don’t go thinking we’ll owe you money for suggesting a three eyed banana when one goes viral on Facebook.

 

 

Your App Store or Google Play Purchase

 

You have purchased a licence to install and use the Yumicons Meme Maker App. This licence grants you the various permissions stated within this document which includes permission share user generated images, the Yumicons characters and stickers. Your purchase also grants you use of the locked features within the app. These locked features include more royalty free backgrounds and the ability to share images without the Yumicons.com text. Locked features become unlocked as a reward for sharing your images from the app there is no further payment necessary.

Your app store purchase may include the bundled Yumicons Sticker App for iMessaging with loads of cute animated Yumicons stickers. However, as with all stickers sent on the iOS messages app a charge can be made by your network provider for sending stickers if it is not delivered as an iMessage. You understand that this is solely your responsibility and that the developers of the Yumicons App cannot be held liable for messaging charges by your service provider.

 

 

In App Purchases.

 

There are no in app purchases and we don’t do annoying spammy popup adverts either. The Yumicons app is designed to be enjoyed by all ages without fear of accumulating unexpected massive bills generated by an enthusiastically spendthrift five year old.

Commercial licences may be purchased via our website to which there are links from within the app. These links open your device’s default browser.

Such purchases follow standard online purchasing protocols to prevent unintentional payments.

 

 

Our website and the world wide web (www).

 

Our website is split into two distinct areas; Yumicons.com and create.yumicons.com.

create.yumicons.com is a 'limited web site' where we limit external links to the www in order to reduce the risk of unsuitable content from becoming visible from links within our apps.

While we make every effort to curate our own web sites and social media presence we can not be held responsible for the content of other websites that are ether linked to from us or who share content provided by us. Please contact us immediately if any objectionable content is visible on our "limited web site".

 

 

 

DISCLAIMER

 

THE APPLICATION, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS-IS”. WE EXPRESSLY DISCLAIM ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APPLICATION OR SERVICES AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE APPLICATION OR THE SERVICES IS AT VENDOR’S OWN RISK, AND WE DO NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MISTAKES OR INACCURACIES IN OR MADE AVAILABLE THROUGH THE APPLICATION OR SERVICES.

 

WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR CONTENT BY THIRD PARTY SUPPLIERS AVAILABLE ON OUR APP.

 

 

Our relationship with our distributors.

 

The Yumicons App is available on Apple's App Store and soon on Google Play. Neither Apple or Google is responsible for The Yumicons App, any part of it's functionality, warranty, claims, losses, liabilities, damages, costs, expenses or your use of the App. If you are dissatisfied with the Yumicons App then Apple and Google may offer refunds in accordance with the law and their policy. You understand that the refund is the full extent of any responsibility Apple or Google have to you as the user of the Yumicons App.

 

Beta versions of the Yumicons App may be available only for testing purposes from authorised third party sites and will have their own terms and conditions. The terms and conditions on this page apply only to versions of the Yumicons App available from Apple's App store or Google Play.

 

 

Indemnification

 

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the developers of the Yumicons app, EatBy Ltd, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Yumicons owners”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to:

• your access to or use of our Services

• your User Content or Feedback

• your violation of these Terms

• your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights)

• your conduct in connection with our Services.

 

You agree to promptly notify Yumicons owners of any third party Claims, cooperate with Yumicons owners in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal costs). You also agree that the Yumicons owners or our insurers will have control of the defence or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Yumicons owners or EatBy Ltd.

 

 

Limitation of Liability.

 

You agree that our (the Yumicons owners) entire liability, and your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services. The amount you paid for our services will be refunded to you by our distributors in accordance with the law and their policy.

 

 

Legal Compliance.

 

It is unlikely that the Yumicons App could ever be used for terrorism, however, we are required to have the following condition included in our terms and conditions:

The end-user must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

 

Contests

 

Contests and competition rules will be published online at http://create.yumicons.com and may vary for each contest.

Funds for the prizes are ring-fenced by us during each contest period unless the prize is offered or donated independently by a third party supplier.

Where a contest winner is selected by a named person (public figure or celebrity) we make no claim that:

The winner will meet or have direct contact or communication with that named person.

That named person holds any further obligation to us or the contest winner after choosing the winning artwork.

 

 

Intellectual Property Rights

 

The Intellectual Property Rights to the Yumicons App including Yumicons characters, trade names, app icons, UI designs, scripts, videos and logos and the "Yumicons", logo are either owned by or licensed to us, the designers of the Yumicons Meme Maker App, in accordance with UK and international law. The majority of the The Yumicons  stickers included in the app are owned by the creators of the Yumicons. A number of the stickers, font styles and background images and image filters available within the app have been provided by third party suppliers who have granted permission to use the intellectual property (IP) freely. The copyright to these images and IP is still owned by their creators and must be respected. This means that you may freely distribute these images in accordance to our “Terms of app use” as follows:

 

 

Terms of app use

 

You hereby agree to adhere to the following terms.

 

Memes and images made using the Yumicons Meme Maker App must not be created in distasteful, hurtful or harmful manner. This includes bullying, pornography, spamming, intimidation, spreading hate, terrorism, and promoting illegal activities.

A licence is hereby granted to users who have purchased the app and their direct family members to freely distribute Artistic Materials provided within the app on a not for profit basis.

 

Compiled images made using the app, consisting of Yumicons stickers or not, are co owned by the creators of the Yumicons app and the user who compiled the image. It is therefore understood that such images may be freely distributed, shared and published on a not for profit basis by both mutual IP owners; the user and the creators/owners of the Yumicons App. This does not includes written content and photographs that are owned by the user. Written content, images and photographs added by you to the user  generated content (User Content) are solely owned by the copyright holder.

 

You grant the Yumicons Owners a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, user name or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your name or user name, location or profile photo) will be visible to the public.

You grant Yumicons Owners consent to use the User Content, regardless of whether it includes an individual’s name, likeness, voice or persona, sufficient to indicate the individual’s identity. By using the Services, you agree that the User Content may be used for commercial purposes. You further acknowledge that Yumicons Owners’ use of the User Content for commercial purposes will not result in any injury to you or to any person you authorized to act on its behalf. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Yumicons Owners may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

 

You represent and warrant that:

• You own the User Content provided by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms

• You agree to pay for all royalties, fees, and any other monies owed by reason of User Content you stylize on or through the Services

• Have the legal right and capacity to enter into these Terms in your jurisdiction.

 

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.

 

You may only use the app using content provided within the app and with content you own. This includes written content, photos taken with the app, images you use from your camera roll or images saved on your device.

 

You are solely responsible for content that is not provided by us, even if the image contains our IP. You may not use the app to create content that infringes other people's copyright.

 

“Sharing” means to email, post, transmit, upload, or otherwise make available. Other users may use, copy, modify, or re-share your content in many ways. You are solely responsible for the images you share and any repercussions.

 

You may not use the app to create content that:

• Is threatening, abusive, inflammatory, defamatory, libellous, unlawful, fraudulent, obscene, pornographic, indecent, lewd, suggestive, harassing, or invasive of privacy or publicity rights.

• Constitute as a criminal offence, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law.

• May infringe any copyright or intellectual property rights including; patents, trademarks and trade secrets.

• Impersonates or misrepresents your affiliation with any person.

• Contains any private or personal information about someone without their consent.

• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.

 

You agree to remove the Yumicons.com watermark if you are sharing images that are inappropriate for kids.

 

 

Sharing and distribution

 

This bit is a complicated part. For a simplified version of what you can and can't do with images you make using the Yumicons Meme Maker App see the bottom of these Terms and Conditions.

 

Any image made using the Yumicons App in accordance to our "Terms of App Use" may be shared freely on social media, in personal blogs, on web pages by you or anyone else.

Images you create using the app may be used to customise any item for your own personal use as long as items are not sold for profit. Personal use includes gifting the items to friends and family.

Items that have been customised using Yumicons imagery may be used for charity and fundraising as prizes, giveaways, and in any capacity that might help you raise awareness for your cause providing they are not directly sold for money.

For quantities exceeding 1,000 permission will be needed from the designers.

 

The Yumicons.com link title, logo images and name may be reproduced freely when published with positive information about the Yumicons with a link to either http://www.yumicons.com or to the Yumicons App pages at our distributors. Under any other circumstance you agree to pay the designers of Yumicons App, in full and without contest, whether or not you use any of our products, an amount that will be invoiced to you by us for any unauthorized use or distribution of our intellectual property including but not limited to software, logo and Yumicons name, motif or anything that may be similar or mistaken for it. This does not apply to information, feedback and reviews left on our website, Apple's App Store, Google Play or any authorized media platform.

 

 

Copyright complaints

 

We provide images within the app that are provided by third party suppliers with assurance that the images are free to distribute in any form for any purpose. Our main supplier is the fabulous Pixabay.com

We publish and supply these images in good faith. However, if you believe anything on our service infringes copyright you own or control please inform us immediately.

Contest winning images are accepted and published on our site and server. We accept images entered into our contests in equally good faith. Again, if you believe you own or control copyright that is infringed please inform us. We will not assume continued responsibility for prizes after they have been awarded but we will re-accredit work or remove it from display.

 

 

Press and media.

 

For free publications without advertising (including personal blogs).

You may print, publish or share Yumicons images only if you have created the image yourself using the app or with our permission if you haven't created the Meme yourself.

You must have the Yumicons App on a device you own: Both the journalist and at least one member of the editorial staff (if applicable) must have a purchased, installed copy of the app at the time of publication and during the first three months of circulation. You are responsible for the customised content such as the background images where images are not provided within the app as per the terms and conditions in this document.

 

For paid publications or publication with advertising (including commercial blogs).

You must own a commercial Publication licence from us to feature Yumicons images in any commercial or "paid for" both digital and printed publication. Licences cost from only $15 per image per publication and attribution must be made with the words,

"Courtesy of Yumicons.com"

Digital versions of printed publications do not require a separate license.

Contact us to discuss licensing.

You must also have the Yumicons App on a device you own: Both the journalist and at least one member of the editorial staff (if applicable) must have a purchased, installed copy of the app at the time of publication and during the first three months of circulation. The publication assumes full responsibility for any user provided content such as the background images where images are not provided within the app as per the terms and conditions in this document.

 

Incidental appearances in the media.

No licence is required or permissions needed for incidentally occurring images of Yumicons in the media.

 

Articles about Yumicons or EatBy App

 

Permission is hereby granted to use Yumicons images in association with articles that show Yumicons or EatBy App in a positive light with links to our home web page,

https://yumicons.com

 

Commercial licences.

 

Yumicons may not be used for any other commercial use without a specific licence. Yumicons may not appear on any commercially produced product without a licence, including but not limited to; printed products, physical or virtual 3D representations, animations, film or television content, books, advertising or endorsements. Yumicons may not be used on packaging for any products without an appropriate licence. Yumicons may not be used in logo designs without written permission from the designers.

Contact us to discuss licence arrangements.

 

 

So – to summarise in simple terms what you can or cannot do…

 

You may use your own creations for any not-for-profit purpose.

All background wallpaper images provided within the app are licensed by creative commons or by us. You can use those images freely without worrying about copyright infringement (where you could be sued for stealing artwork) or attribution (saying where they're from).

Photos you’ve taken are generally OK to use but you should ask permission if the photos are of other people.

Any Yumicon or Yumicons styled characters you create using the app can be shared online or printed for your own personal use or charity.

Other people are allowed to share images you originally share on social media.

We grant you permission to print Yumicons images, with or without the background images we've supplied in the Yumicons app so long as it's for personal or educational use and not sold for money.

Examples of what you can do:

Print a Yumicons T-shirt for yourself or as a gift.

Share Yumicons Memes on social media.

Make party invitations.

Print off images for school projects.

Print T-shirts, mugs for charity events.

Make art, posters, mugs for your friends and family.

Examples of what you can't do:

Mass produce stuff like mugs and T-shirts with Yumicons on and sell them.

Make a Yumicons movie or TV Programme or use Yumicons in a best-selling Yumicons book.

Use a Yumicons character as a logo or brand.

Make money directly by selling anything were Yumicons are the main feature.

You must not use the app to make images for bad stuff like bullying or hate. See Terms of app use for a full list.

If you want to use an image created with the Yumicons App for something and aren’t certain then ask us! Use the contact us form.

 

Phew – that’s about it.

 

Changes to these Terms and Conditions

 

As mentioned above, Yumicons App and EatBy Ltd has the discretion to update this document at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review our Terms and Conditions periodically and become aware of modifications, particularly after updates have been made to the Yumicons App.

 

This document was last updated on October 13, 2017