Emoji Request - Terms of Use

EMOJI+, LLC TERMS OF USE

These www.EmojiRequest.com websites, including Emoji> and Emoji ;) mobile applications, (collectively, these “Websites and Apps”) are provided by Emoji+, LLC ("Company"). Your use of the Websites and Apps are governed by these websites terms of use (the "Terms of Use"). Please read them carefully before using these Websites and Apps. By using these Websites and Apps, you agree to be bound by and to honor all provisions of the Terms of Use. If you do not agree to these Terms of Use, Privacy Policy and the About Us page, you may not access or otherwise use these Websites and Apps. In addition and by using these Websites and Apps, you agree that the exclusions and limitations of liability set out below (see Indemnification, Disclaimers and Liability) in the Terms of Use are reasonable. If you do not think they are reasonable, you must not use these Websites and Apps.

Company might from time to time revise the Terms of Use. By continuing to use and access the Websites and Apps after revisions to the Terms of Use, you agree to the Terms of Use as revised. Please review the Terms of Use each time you intend to use the Websites and Apps. For your convenience, Company will indicate the date that the Terms of Use were last updated at the end of this document.

These Websites and Apps are not intended for use by anyone under 18 years old, or by anyone under the legal age of majority in his or her state of residence. Company does not knowingly collect personal information from anyone under 13 years of age.

All policies included on these Websites and Apps, including the Privacy Policy and the About Us Page, are incorporated into these Terms of Use by reference and form part of the Terms of Use.

Intellectual Property

EMOJI REQUEST and other exclusive product names and features that may appear on these Websites and Apps and/or on Company's products from time to time are trademarks of Company. These Websites and Apps, and all text, requests, data, numerical information, sponsor information, endorsement information, images, graphics, photos, audio and audiovisual recordings, all emojis, emoji names, logos, and other content published or displayed by the Websites and Apps (collectively, "Websites Content") belong to Company exclusively. All rights to Websites Content are reserved. You may view, download and print Websites Content only for your own personal, non-commercial use. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works or otherwise use any Websites Content in any form, by any means, or for any purpose, without Company's express prior written consent in each instance. If you violate any of these terms, the Company will prosecute you and enforce its rights to the fullest extent permitted by law.

As new products are developed and/or modifications are made, additional trademark, patent and/or copyright protections may apply and same shall be incorporated into and form part of these Terms of Use with or without any further notice.

Websites Availability and Use Restrictions

Company may from time to time modify or discontinue, temporarily or permanently, the Websites and Apps (including parts thereof) with or without notice, and without any obligation to you. Company also may terminate or suspend your account, user ID, password, use and/or access to all or any parts of these Websites and Apps, with or without notice, and for any reason or no reason, in each case in Company's sole discretion. Such termination or suspension will not terminate or suspend the Terms of Use as applied to your use and access of the Websites and Apps. Any and all Sponsors will be accepted at the sole discretion of the Company.

You agree to use the Websites and Apps only for lawful purposes in a lawful manner. Company does not represent or warrant that your use of these Websites and Apps will comply with the laws of the jurisdiction or territory in which you use it. You are responsible for your compliance with all applicable laws. You agree not to use or access these Websites and Apps from any jurisdiction or territory in which any of the Websites Content is illegal or impermissible.

You agree not to use these Websites and Apps in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Websites and Apps. You will not use any spider, robot ("bot"), deep link, page scrape, crawl, index, Internet agent, or other automated device, program, algorithm or technology which performs the same or similar functions, to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Websites and Apps or any portions thereof.

You agree not to access these Websites and Apps by any means other than via the user interface provided by Company for such purpose. You will not run, frame or otherwise display the Websites Content on any other websites. Unless Company objects or blocks such links, which it may do at any time without any notice, you may link to these Websites and Apps from your own websites, but only to these Websites and Apps's home page (www.emojirequest.com), and only in a manner that does not state or imply Company's sponsorship, endorsement, license or other affiliation between Company and you, your websites, products, services, activities or representatives.

The final decision to create any Emoji lies exclusively with the Unicode Consortium and there is no guarantee the Emojis you request will be approved. Company (including EmojiRequest) is not created by or officially supported by the Unicode Consortium. The views and decisions expressed by the Unicode Consortium are those of the Unicode Consortium exclusively and do not necessarily reflect those of the Company.

Restricted Access

Access to certain areas of these Websites and Apps may be restricted. Company, in its sole discretion, reserves the right to restrict access to any or all areas of these Websites and Apps. If you choose to register on the Websites and Apps, you must ensure that your user ID and password are kept confidential at all times.

User Communications

As used herein, "User Communications" means any and all requests (including emoji related requests), questions, suggestions, all content of any e-mails and/or the contact form, materials (including without limitation text, images, audio material, video material and audio-visual material) that you submit to these Websites and Apps, for whatever purpose. The Websites and Apps may provide you and other users with an opportunity to participate in blogs, web communities and other messages, comment and communication features and may provide you with the opportunity to submit, post, e-mail, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, white-papers and other content and information via the Websites and Apps (each, a "Posting", and collectively, "Postings"). Subject to applicable laws, you grant to Company, without the payment of any monies and/or other compensation of any kind whatsoever, an immediate, worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to sell, transfer, use, disseminate, reproduce, adapt, publish, assign, translate and distribute your User Communications and/or Postings in any existing or future media or any other forum. You also grant to Company, without the payment of any monies and/or other compensation of any kind whatsoever, the right to sublicense these rights, and the right to bring an action for infringement of these rights (including your User Communications and/or Postings). Your User Communications and Postings must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Company and/or any third party. You must not submit any User Communications or Postings to the Websites and Apps that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Company, in its sole discretion, reserves the right without notice to you, for any reason or for no reason whatsoever, to edit or remove any material submitted to these Websites and Apps, or stored on Company's servers, or hosted or published upon these Websites and Apps. Notwithstanding the foregoing, Company does not undertake to monitor the submission of any content to, or the publication of such content on, these Websites and Apps. You understand and agree that all of your User Communications and Postings are your sole responsibility which means, among other things, that you are solely and entirely responsible for the consequences of all of your User Communications and Postings that you submit, upload, post, e-mail, display, transmit or otherwise make available. Your User Communications and Postings do not necessarily reflect the views of Company, its affiliates, its owners, members, directors, employees, consultants, contractors and/or, clients, and you understand that by continuing to access, view and use the Websites and Apps, you may be exposed to other people's user communications and/or Postings that could be offensive, indecent or objectionable and, as such, Company does not guarantee the accuracy, integrity, quality or content of any user communications or Postings. Under no circumstances shall Company be liable in any way for user communications or Postings, including, errors or omissions in any user communications or Postings, or any loss or damage of any kind incurred as a result of any user communications or Postings submitted, uploaded, posted, e-mailed, displayed, transmitted or otherwise made available.

You also represent, warrant and covenant that: (a) you own all User Communications and /or Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms of Use and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, e-mailing, displaying, transmission and/or making available of user communications and/or Postings does not violate these Terms of Use, any rights of any other party or entity, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; and (c) you have the legal right and capability to enter into these Terms of Use and perform and comply with all of its terms and conditions.

Indemnification, Disclaimers and Liability

You agree to the fullest extent permitted by law to indemnify and hold harmless Company, its members and licensors, clients and their respective affiliates, members, owners directors, officers, employees, members, agents, consultants, contractors, clients, attorneys and representatives (collectively, the "Company Group") against and for all actual and/or threatened claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees and costs), resulting or arising from or relating to your use, attempted use, or conduct at the Websites and Apps; any activity related to your account by you or any other person; your violation of these Terms of Use; or your infringement or violation of any rights of another person or entity.

COMPANY PROVIDES THE WEBSITES AND APPS ONLY ON AN "AS IS" AND AS AVAILABLE BASIS. YOU USE THE WEBSITES AND APPS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE WEBSITES AND APPS. IN PARTICULAR, COMPANY DOES NOT WARRANT THAT THE WEBSITES AND APPS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM WEBSITES AND APPS USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITES AND APPS WILL BE CORRECTED, OR THAT THE WEBSITES AND APPS ARE FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.

THE COMPANY GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR THE INABILITY TO USE THE WEBSITES AND APPS AND/OR WEBSITES CONTENT. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF THERE HAS BEEN EXPRESSED PRIOR NOTICE REGARDING POTENTIAL LOSS.

SUBJECT TO THE TERMS HEREIN, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY GROUP FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO $1.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You accept that, as a limited liability company, Company has an interest in limiting the personal liability of its members, owners, officers, and employees. You agree that you will not bring any claim personally against any member of the Company Group in respect of any direct or indirect losses you suffer in connection with the Websites and Apps.

To the fullest extent permitted by law, you agree that any claim or cause of action that you assert arising from or relating to use of the Websites and Apps or these Terms of Use must be filed within six (6) months after such claim or cause of action arose, or any such purported claim or cause of action shall forever be barred. Nothing herein constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional. Because some jurisdictions or territories do not permit the disclaimer of certain warranties, or the exclusion or limitation of certain types of liability, some of the foregoing disclaimers and limitations might not apply to you.

General Provisions

These Terms of Use set forth the entire understanding of the parties with respect to its subject matter. In the event that any one or more of the terms and conditions contained in these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Company's failure to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use. These Terms of Use shall be deemed to have been made in the State of New York and shall be construed and enforced in accordance with the laws of the State of New York applicable to contracts negotiated, executed and performed within said State without regard to any conflict of law provisions and without application of the Uniform Computer Information Transaction Act. The parties shall make a good faith effort to resolve any actual or threatened breach of these Terms of Use, or any other dispute arising under or in connection with these Terms of Use, through mediation conducted within thirty (30) days following first assertion of the breach or dispute. If eight (8) hours of such mediation does not fully resolve the breach or dispute, or if the parties do not conduct such mediation, the breach or dispute shall be resolved in New York City, New York by binding arbitration under the administration and rules of the American Arbitration Association. Notwithstanding the foregoing mediation and arbitration provisions, Company never shall be precluded or delayed from seeking and obtaining temporary, preliminary and permanent injunctive relief without the posting of any bond against infringement or other violation of its claimed intellectual property rights, or other relief that it deems reasonably necessary to defend or enforce its rights or these Terms of Use, in any court(s) of competent jurisdiction. Company may assign, transfer, subcontract or otherwise deal with all of its rights, including those set forth herein without notifying you or obtaining your consent. You may not assign, transfer, delegate, subcontract or otherwise deal with your rights and/or obligations under these Terms of Use. Wherever appropriate herein, the singular includes the plural and the plural includes the singular.

Contacting Us

If there are any questions regarding these Terms of Use, you may contact Company at:
info@emojirequest.com.

Last updated September 2016.