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.
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:
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.
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:
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:
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.
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.