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terms

The Bundle of EmoJoy™ application and all related services, materials, software, media, images, content, and/or products used in connection therewith (collectively, “Application”) are being offered by NCNS LLC and its affiliates (“NCNS”) to the end user (“User”) upon the following terms and conditions (“Terms”). These Terms are a legal agreement between NCNS and User, and by downloading or otherwise using the Application, User hereby agrees to be bound by these Terms, which may be changed by NCNS at any time, and from time to time, without notice. If User does not agree to be bound by these Terms, User may not download or otherwise use the Application. These Terms supersede any prior agreement(s) between NCNS and User regarding the access and use of the Application.

 

Privacy

 

User privacy is important to us and except as provided in these Terms, we do not collect, read, use or otherwise disclose any User information, including, without limitation, conversations, text messages, credit card information, addresses or other information typed on User’s keyboard. User information that may be collected, used, and/or disclosed to third parties is limited to non-identifying information that allows NCNS to:

 

  1. track how many times the Application has been downloaded and which emojis have been downloaded;
  2. provide, maintain and improve our services, including to provide additional features;
  3. respond to User’s comments, questions and requests and provide customer service;
  4. send User technical notices, updates, security alerts and support and administrative messages;
  5. communicate with User about products, services, offers, and rewards, and events offered by NCNS and provide news and information we think will be of interest to User;
  6. detect, investigate and/or prevent fraudulent, unauthorized , illegal activity;
  7. determine whether there has been a breach of these Terms; and/or
  8. gather information about User’s device and the use of the Application in connection with usability and performance.

 

Registration and Security

 

By downloading or otherwise using the Application, User affirms that he/she is of legal age to enter into this agreement or has obtained parental or guardian consent to enter into this agreement.

 

Limited Copyright & License

 

The Application is owned by NCNS and is subject to laws in the United States and other countries preserving NCNS’s intellectual property rights, including but not limited to copyrights in the Application, The Application may not be modified, reverse-engineered, decompiled, analyzed, distributed or reproduced in any manner to the extent allowed by law without the express, written consent of NCNS. Use of the Application will NOT be deemed to grant either directly or indirectly, or by implication, estoppel, or otherwise, any license under the copyrights, patents or patent applications, trademarks or trademark applications of NCNS except for a revocable, non-exclusive, license to use the Application as expressly set out in these Terms. All other rights expressly reserved.

 

Terms of Use

 

The Application is licensed to User for his/her personal and non-commercial use. User may send message(s) using the Application for sharing with others for personal and non-commercial use via transmitting messages, posts, or other expressed forms of digital communication. User must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Application or NCNS.

 

User agrees and acknowledge that User’s message(s) may be forwarded or reposted by recipients and such recipient use is beyond User’s control or the control of the Application or NCNS.

 

User agrees that he/she will not use nor encourage or permit others to use the Application for any purpose that is unlawful or otherwise prohibited by these Terms, including, without limitation:

 

  1. Creating, uploading, posting, emailing, transmitting or otherwise making available any message or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in the sole discretion of NCNS;
  2. Using the Application or any other services or materials or activities to “stalk” or otherwise harass or harm another;
  3. Impersonating any person or entity, including, but not limited to, an NCNS official employee, owner, or falsely state or otherwise misrepresent User’s affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
  4. Forging headers or otherwise manipulate identifiers in order to disguise the origin of any message or other content transmitted through the Application;
  5. Uploading, posting, emailing, transmitting or otherwise making available any message or any content that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Uploading, posting, emailing, transmitting or otherwise making available any message or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. Uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Using the Application in any manner that could damage, disable, overburden, or impair any server, or network(s) connections, disobey any requirements, procedures, policies or regulations of any networks Application or interfere with any other party's use and enjoyment of the Application;
  10. Attempting to gain unauthorized access to the Application, other accounts, computer systems or networks connected to any server through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application;
  11. Violating any applicable local, state, national or international law, including, but not limited to, privacy and security laws and regulations, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
  12. Providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

 

If NCNS determines, in its sole discretion that User has breached any provisions of these Terms, NCNS in its sole discretion may, without any notice, terminate, disable, suspend or otherwise render inoperable User’s use of the Application. NCNS does not guarantee that the Application will remain available to User for any period of time. Without limiting the generality of this section, NCNS expressly disclaims any and all liability for any interruption or suspension of the availability of the Application, and may or may not make any customer service available to User.

 

Warranty, Limitation of Liability, Indemnification

 

The Application is provided by NCNS as a service to User and is provided without any warranty of any kind, express or implied, and use of the Application is subject to the following:

 

  1. USE OF THE APPLICATION IS AT USER’S SOLE RISK AND IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
  2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT USER’S OWN DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM, SMART PHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE APPLICATION.
  3. IN NO EVENT WILL NCNS, OR ITS MEMBERS, AGENTS, CONTRACTORS, SUPPLIERS OR OTHER RESOURCE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF NCNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. NCNS WILL HAVE NO LIABILITY FOR USER’S USE OF THE APPLICATION, INCLUDING USER’S INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
  5. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY MESSAGE USER MAY HAVE CREATED.
  6. NCSC RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE APPLICATION WITH OR WITHOUT NOTICE TO USER, AND NCSC HAS NO OBLIGATION TO UPDATE THE APPLICATION.
  7. THESE LIMITATIONS OF NCNS LIABILITY APPLY WHETHER OR NOT NCNS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES DESCRIBED IN THESE TERMS.

 

NCNS does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Application.

 

User agrees to defend, indemnify and hold NCNS and its officers, employees, partners, members, managers, licensors, and other agents harmless from any claim or demand, including reasonable attorneys' fees, made by any party due to or arising out of (i) any messages or other content User creates or submits, posts, transmits or otherwise makes available through the Application, (ii) User’s violation of these Terms, or (iii) User’s violation of any other rights of another (including third party intellectual property rights).

 

Content Related Notices

 

User acknowledge and agree that NCNS own all legal rights, title and interest in and to Application and any related trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without NCNS’s prior written permission. Except as expressly provided herein, NCNS does not grant any express or implied right to User under any patents, copyrights, trademarks, or trade secret information.

 

Where NCNS has provided User with a translation of the English language version of these Terms, User agree that the translation is provided for User’s convenience only and that the English language versions of the Terms will govern User’s relationship with NCNS. If there is any contradiction between the English language version of the Terms and the translation, the English language version will control.

 

Claims of Copyright Infringement

 

If NCNS receives notice of claimed infringement in conformance with the US Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3), NCNS will expeditiously remove or disable access to the allegedly infringing content. NCNS will terminate, in appropriate circumstances, the use of the Application by any User who infringes any copyright or other intellectual property rights. Notifications of claimed copyright infringement should be sent to: NCNS LLC, 41 Watchung Plaza #311 Montclair, NJ 07042.

 

General

 

User’s access to the Application is governed by all applicable federal, state and local laws, is subject to U.S. export control laws, and may also be subject to the laws of the country where User resides. NCNS makes no representation that the Application are appropriate or available for use in other locations, and access to it from territories where their content is illegal is prohibited. Those who choose to access this site or application from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

 

These Terms constitute the entire agreement between User and NCNS and govern the use of the Application. User may be subject to additional third party terms and conditions that may apply when using the Application. The Terms and the relationship between NCNS and User will be construed, enforced, and governed by the laws of the State of New York, USA without regard to its conflict of law provisions and each party agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

Notwithstanding anything else to the contrary in these Terms, in the case of any violation of these Terms, NCNS reserves the right to seek all remedies available by law and in equity for such violations.

 

Copyright © NCNS LLC. All rights reserved.