The Application enables the creation of emojis. These services are partly provided on a subscription basis. An overview of the subscription prices can be found in the Application and on the app’s product page on the App Store. We are not responsible for reimbursement of costs made with another service while the MojiCreator service is temporarily unavailable.
MODIFICATIONS / AMENDMENTS
UPDATES / CHANGES TO APPLICATION
MojiCreator’s rates for services are listed in the app and on the product page on the App Store and are incorporated by reference herein. It is your responsibility to check all applicable rates before using the Application and to check any updated costs or fees. We reserve the right to modify our rates at any time and/or to offer special promotions.
You may discontinue service at any time by deleting the Application but you will not be entitled to any refund for any purchases you have made in the Application.
No reimbursement of fees or expenses will be paid for using or not using the Application.
The Publisher does not provide invoices to the users. Instead, you have confidential access to your account balance through the App Store.
If you have any claim regarding incorrect payment amounts or disputed charges, it is your responsibility to notify us. We will attempt to resolve all disputes withing thirty (30) days of being notified of a dispute. Only technical issues that cause problems in the use of the Application might lead, if found correct, to the reimbursement of expenses, according to the provisions of the App Store. If you will not dispute any charge within thirty (30) days of the charge you waive the right to claim against any such charges.
You are solely responsible for maintaining the confidentiality, completeness, and accuracy of your account and personal data and you agree to pay for all services charged to your account whether or not you have authorized such use. You agree to notify us immediately if you believe your Account is being used in an unauthorized manner. Please be aware that account information will be sent to the mobile phone number that you have provided. We are not responsible for the actions of any person that accesses the service through that phone number or for any delay in shutting down your account after you have reported a breach of security to us.
MISUSE OF APPLICATION
You agree to use the MojiCreator application only for lawful purposes. You shall not transmit any unlawful, defamatory, obscene, embarassing, hateful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous profane, racially, vulgare, or otherwise objectionable material of any kind, all as determined by us in our sole and absolute discretion.
It is your sole responsibility to refrain from any action involving the Application that will be unlawful.
We reserve the right to cancel and/or delete your account including all the data associated with said account without notice if we determine in our sole discretion that the account was used for illegal activity. We also reserves the right to terminate this Agreement and your access to the services at our sole discretion without notice and for any reason.
THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION AND ITS SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND ITS SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION AND ITS SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION OR ITS SERVERS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION AND ITS WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. WE ALSO SPECIFICALLY DISCLAIM ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APPLICATION’S SERVICES IN ANY COUNTRY.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Application; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Application with whom you connected via the Application.
THIRD PARTY WEBSITES/APPLICATIONS
The Application or the websites associated with the Application may hyperlink to other applications and/or sites that are not maintained by us or related to the Application. We assume no responsibility for the accuracy, content, or completeness of those third party applications and/or sites.
These Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is the result of force majeure, including but not limited to fire, strikes, acts of God, explosions, power failure, earthquake, flood, labor disputes, terrorism, faulure of any satellite or other connecting telecommunications facilities, or any matter beyond our reasonable control.
These Terms and your use of the Application are governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.