Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with imoji, as well as imoji brands, products and services, such as imoji, which we collectively call the “imoji Services” or “Services”. By using or accessing the imoji Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how imoji works.
Because imoji provides various Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you share on imoji. In addition:
1. For content that is covered by intellectual property rights, like photos, videos, and animations (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you transmit on or in connection with imoji (IP License).
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.
3. When you publish content or information, it means that you are allowing everyone, including people off of imoji, to access and use that information, and to associate it with you (i.e., your name and picture).
4. We always appreciate your feedback or other suggestions about imoji, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep imoji safe, but we cannot guarantee it. We need your help to keep imoji safe, which includes the following commitments by you:
1. You will not transmit unauthorized commercial communications (such as spam) on imoji.
2. You will not collect users' content or information, or otherwise access imoji, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on imoji.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not transmit content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not use imoji to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not do anything that could disable, overburden, or impair the proper working or appearance of imoji, such as a denial of service attack or interference with real-time communications or other imoji functionality.
10. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
imoji users may provide their real names and information, and we need your help to keep yourself and others secure. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on imoji, or create an account for anyone other than yourself without permission.
2. If we disable your account, you will not create another one without our permission.
3. You will not use imoji primarily for your own commercial gain, and will register with imoji for such purposes.
4. You will not use imoji if you are under 13.
5. You will not use imoji if you are a convicted sex offender.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. You will not transfer your account to anyone without first getting our written permission.
9. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a violating username).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not take any action on imoji that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you transmit on imoji if we believe that it violates this Statement or our policies.
3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our prior written permission.
6. You will not transmit anyone's identification documents or sensitive financial information on imoji.
6. Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on imoji within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
7. About Advertisements and Other Commercial Content Served or Enhanced by imoji
We may at some point use advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
8. Special Provisions Applicable to Software
1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on our website.
3. Your continued use of the imoji Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of imoji to you. We will notify you by email or phone at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 7.3, and 10-14.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or imoji exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
1. If anyone brings a claim against us related to your actions, content or information on imoji, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on imoji and are not responsible for the content or information users transmit or share on imoji. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on imoji. We are not responsible for the conduct, whether online or offline, of any user of imoji.
2. WE TRY TO KEEP IMOJI UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING IMOJI AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT IMOJI WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT IMOJI WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. IMOJI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR IMOJI, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR IMOJI WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, IMOJI'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Special Provisions Applicable to Users Outside the United States
We work to create consistent global standards, but we also respect local laws. The following provisions apply to users and non-users who interact with imoji outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on imoji (such as advertising or payments). You will not use imoji if you are prohibited from receiving products, services, or software originating from the United States.
1. By "imoji" or ”imoji Services” we mean the features and services we make available, including through (a) our website at www.imoji.co, www.animet.world, www.getplayspace.com, www.playspacer.com, and any other imoji branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) other media, brands, products, services, software, devices, or networks now existing or later developed. imoji reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
2. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with imoji.
3. By "content" we mean anything you or other users transmit, provide or share using imoji Services.
4. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from imoji or provide to imoji.
5. By "post" we mean post on imoji or otherwise make available by using imoji.
6. By “transmit” we mean transmit through imoji or otherwise make available by using imoji.
7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
1. This Statement is an agreement between you and Animet, Inc. References to “us,” “we,” and “our” mean Animet, Inc., as appropriate.
2. This Statement makes up the entire agreement between the parties regarding imoji, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessing imoji.