SCOPE OF TERMS
These Terms are applicable to this Emojinho (StarMojis, LLC) Resources, support web sites, any and all materials, and all affiliated Intel or third party websites, whether a sponsored site, managed through a third party vendor or hosted by a third party (referred to hereafter as the “Web Sites”). These Terms also apply to any resources and tools provided through the Web Sites, including but not limited to developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information. Further, the Emojinho (StarMojis, LLC) team, Intel, Intel affiliates, suppliers, vendors, third party licensors and other authorized third parties (collectively herein “Resource Providers”) may provide activity or program specific Terms of Service, for example when Intel provides interactive materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.
YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN BY ACCESSING OR USING THE EMOJINHO (STARMOJIS, LLC) APPLICATION, THE EMOJINHO (STARMOJIS, LLC) RESOURCES OR THE WEB SITES. INTEL CORPORATION, ITS LICENSORS OR RESOURCE PROVIDERS RESERVE THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE EMOJINHO (STARMOJIS, LLC) APPLICATION, WEB SITES, EMOJINHO (STARMOJIS, LLC) RESOURCES OR SERVICES (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. STARMOHIS, LLC OR RESOURCE PROVIDERS MAY MAKE CHANGES TO EMOJINHO (STARMOJIS, LLC) APPLICATION, WEB SITES, EMOJINHO (STARMOJIS, LLC) RESOURCES OR SERVICES, OR TO THE MOJI ARTWORK, OTHER PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. APPMOJI INC AND RESOURCE PROVIDERS MAKE NO COMMITMENT TO UPDATE THE EMOJINHO (STARMOJIS, LLC) APPLICATION, WEB SITES, EMOJINHO (STARMOJIS, LLC) RESOURCES OR SERVICES.
STARMOJIS, LLC OR RESOURCE PROVIDERS MAY CHANGE OR MODIFY THESE TERMS OR ANY FEATURES OR FUNCTIONALITY OF THE EMOJINHO (STARMOJIS, LLC) APPLICATION. THE EMOJINHO (STARMOJIS, LLC) RESOURCES OR THE WEB SITES, CHANGES WILL BECOME EFFECTIVE FOURTEEN (14) DAYS AFTER THEY ARE POSTED, EXCEPT THAT CHANGES FOR LEGAL OR ADMINISTRATIVE REASONS, INCLUDING WITHOUT LIMITATION, ADDING OR REMOVING AVATARS, REMOVING AVATAR MESSAGES, OR TO REFLECT NEW FEATURES OR FUNCTIONALITY WILL BE EFFECTIVE IMMEDIATELY. YOU ACCEPT ANY CHANGES TO THESE TERMS BY CONTINUING TO ACCESS OR USE THE EMOJINHO (STARMOJIS, LLC) APPLICATION, THE EMOJINHO (STARMOJIS, LLC) RESOURCES OR THE WEB SITES AFTER THE CHANGES ARE POSTED.
StarMojis, LLC will also gather information about your device and the use of this application to assess application usability and performance; this information will be collected using a third party service, which may include the sharing of anonymized data with authorized parties.
REGISTRATION AND SECURITY
By using the service and creating an account, you affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement (“Emojinho (StarMojis, LLC) Account”).
You understand, Resource Providers may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Resource Providers immediately of any unauthorized use of your account or any other breach of security. Resource Providers will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Resource Providers or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
LIMITED COPYRIGHT LICENSE
The Emojinho (StarMojis, LLC) Resources and/or Web Sites are owned or licensed by StarMojis, LLC or other Resource Providers. Laws in the United States and other countries preserve for StarMojis, LLC or such Resource Providers certain exclusive intellectual property rights, including but not limited to copyrights in the Emojinho (StarMojis, LLC) application, Web Sites and the Emojinho (StarMojis, LLC) Resources. The Emojinho (StarMojis, LLC) Resources contained in the Emojinho (StarMojis, LLC) application and any websites 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 the copyright owner. The use of the Emojinho (StarMojis, LLC) Resources and the Emojinho (StarMojis, LLC) application shall 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 StarMojis, LLC or other Resource Providers except for the normal, non-exclusive, license to use the Emojinho (StarMojis, LLC) Resources and Emojinho (StarMojis, LLC) application as expressly set out herein. All other rights expressly reserved.
Personal Non-Commercial Use: The Emojinho (StarMojis, LLC) application, web sites and the Emojinho (StarMojis, LLC) resources are licensed to you for personal and non-commercial use. You may send message(s) using the Emojinho (StarMojis, LLC) application and Emojinho (StarMojis, LLC) Resources (“Sticker Messages”) for sharing with others for personal and non-commercial use via transmitting messages, posts, or other expressed forms of digital communication using the Emojinho (StarMojis, LLC) Resources. Unless otherwise specified or as provided in these Terms, you may 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 Emojinho (StarMojis, LLC) application, Web Sites or the Emojinho (StarMojis, LLC) Resources.
You expressly understand and acknowledge that your sticker message(s) may be forwarded or reposted by recipients and such recipient use is beyond your control or the control of the Emojinho (StarMojis, LLC) application, StarMojis, LLC or Resource Providers.
You understand that your Sticker Message will be retained for a period not less than thirty (30) days. After such time only Sticker Messages stored on your computing device or smartphone will be available.
No Unlawful or Prohibited Use: You agree that you will not use nor encourage or permit others to use the Emojinho (StarMojis, LLC) application, Web Sites, Emojinho (StarMojis, LLC) Resources or create an Sticker Message for any purpose that is unlawful or prohibited by these Terms. Specifically, but without limitation, You may not:
- Create, upload, post, email, transmit or otherwise make available any Sticker 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;
- Use the Emojinho (StarMojis, LLC) application, Web Sites, Pocket Avatar Resources, Sticker Message or any other services or materials or activities to “stalk” or otherwise harass or harm another;
- Impersonate any person or entity, including, but not limited to, an StarMojis, LLC or Resource Provider official employee, owner, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Sticker Message or other content transmitted through the Emojinho (StarMojis, LLC) application, Web Site or Emojinho (StarMojis, LLC) Resources;
- Upload, post, email, transmit or otherwise make available any Sticker Message or any content that you do 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);
- Upload, post, email, transmit or otherwise make available any Sticker Message or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make 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;
- You may not use the Emojinho (StarMojis, LLC) application, Web Site or Emojinho (StarMojis, LLC) Resources in any manner that could damage, disable, overburden, or impair any Resource Providers’ server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Emojinho (StarMojis, LLC) application, Web Site or Emojinho (StarMojis, LLC) Resources or interfere with any other party’s use and enjoyment of the Emojinho (StarMojis, LLC) application, Web Sites or Emojinho (StarMojis, LLC) Resources;
- You may not attempt to gain unauthorized access to the Emojinho (StarMojis, LLC) application, any Web Site or Emojinho Keyboard Resources, other accounts, computer systems or networks connected to any Resource Providers’ server or Emojinho (StarMojis, LLC) Resources, 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 Emojinho (StarMojis, LLC) application, the Web Sites or Emojinho (StarMojis, LLC) Resources;
- Intentionally or unintentionally violate 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
- Provide 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.
Should StarMojis, LLC or Resource Providers determine, in its or their sole discretion that You have breached the foregoing paragraph No Unlawful or Prohibited Use, StarMojis, LLC or Resource Providers in its or their sole discretion may, without any notice, terminate, disable, suspend or otherwise render inoperable your Emojinho (StarMojis, LLC) application and Sticker Message(s).
In addition to the foregoing, please note that the Emojinho (StarMojis, LLC) application, Emojinho (StarMojis, LLC) Resources or Websites may be suspended or discontinued at any time, and StarMojis, LLC does not guarantee that the Emojinho (StarMojis, LLC) application; Sticker Messages, stickers purchased by you or available for purchase, any Emojinho (StarMojis, LLC) Resource or Web Site will remain available for any period of time. Without limiting the generality of this section, StarMojis, LLC expressly disclaims any and all liability for any interruption or suspension of the availability of the Emojinho (StarMojis, LLC) application, stickers that you have purchased, Emojinho (StarMojis, LLC) Resources or Websites. StarMojis, LLC is not responsible for customer service related to the Resource Provider Websites or other content and services of third-parties. Any question or request for service on such content or services must be addressed directly to the respective Resource Provider or content and service providers. Please note that downloading any content or sticker without the permission of the content owner may infringe the intellectual property rights of the owner. StarMojis, LLC expressly disclaim any and all liability associated with the purchase/use of a sticker or the downloading of content by you including, for example, infringement of third-party intellectual property rights, or any damage done to your computer, smart phone, or other devices due to the download of malicious content.
US Government Restricted Rights: The Emojinho (StarMojis, LLC) application, Emojinho (StarMojis, LLC) Resources and use of Web Sites are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Emojinho (StarMojis, LLC) application or Emojinho (StarMojis, LLC) Resources by the Government constitutes acknowledgment of Resource Providers’ proprietary rights in them.
WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION
Exclusions of Warranty: The Emojinho (StarMojis, LLC) application, Emojinho (StarMojis, LLC) Resources and Web Sites and any other materials and software are provided by Resource Providers (including StarMojis, LLC) as a service to its customers and are provided without any warranty of any kind, express or implied. Specifically,
- YOUR USE OF THE EMOJINHO (STARMOJIS, LLC) APPLICATION, EMOJINHO (STARMOJIS, LLC) RESOURCES, RESOURCE PROVIDER AND STARMOJIS, LLC WEB SITES AND OTHER MATERIALS AND SOFTWARE (“SERVICES”) IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE 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.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMART PHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES.
- IN NO EVENT SHALL STARMOJIS, LLC, ITS SUPPLIERS OR RESOURCE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF StarMojis, LLC OR RESOURCE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability: you expressly understand and agree that StarMojis, LLC and resource providers shall not be liable to you for:
- ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EMOJINHO (STARMOJIS, LLC) APPLICATION, STICKERS YOU MAY HAVE PURCHASED OR CREATED, ANY EMOJINHO (STARMOJIS, LLC) RESOURCES OR SERVICES OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITES
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY STICKER, ANY STICKER YOU MAY HAVE CREATED, ANY CONTENT, OR ANY CHANGES STARMOJIS, LLC OR ITS RESOURCE PROVIDERS MAY MAKE TO THE EMOJINHO (STARMOJIS, LLC) APPLICATION, STICKERS YOU MAY HAVE PURCHASED OR CREATED, EMOJINHO (STARMOJIS, LLC) RESOURCES, SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EMOJINHO (STARMOJIS, LLC) APPLICATION, THE EMOJINHO (STARMOJIS, LLC)) RESOURCES, WEB SITES (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THESE LIMITATIONS ON STARMOJIS, LLC ITS LICENSORS OR RESOURCE PROVIDERS’ LIABILITY SHALL APPLY WHETHER OR NOT STARMOJIS, LLC , ITS LICENSORS OR RESOURCE PROVIDERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
Accuracy and Completeness: Neither StarMojis, LLC nor Resource Providers warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Emojinho (StarMojis, LLC) application, Web Sites or Emojinho (StarMojis, LLC) Resources or Services.
Indemnification: You agree to indemnify and hold StarMojis, LLC and its officers, agents, employees, partners, licensors, Resource Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Sticker Message(s) you create or other content you submit, post, transmit or otherwise make available through the Emojinho (StarMojis, LLC) application, Web Sites or Emojinho (StarMojis, LLC) Resources or Services, your use of the the Emojinho (StarMojis, LLC) application, Web Sites, Emojinho (StarMojis, LLC) Resources or Services, your connection to the Emojinho (StarMojis, LLC) application, Web Sites, Emojinho (StarMojis, LLC) Resources or Services, your violation of these Terms or site specific Terms, or your violation of any rights of another.
CONTENT RELATED NOTICES
Ownership: You acknowledge and agree that StarMojis, LLC and Resource Providers own all legal rights, title and interest in and to the Emojinho (StarMojis, LLC) application, Web Sites, Emojinho (StarMojis, LLC) Resources and Services including any StarMojis, LLC or Resource Provider 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 StarMojis, LLC or the applicable Resource Provider’s prior written permission. Except as expressly provided herein, StarMojis, LLC does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Translations: Where StarMojis, LLC has provided you with a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with StarMojis, LLC If there is any contradiction between the English language version of the Terms and the translation, the English language version shall take precedence.
CLAIMS OF COPYRIGHT INFRINGEMENT
StarMojis, LLC respects intellectual property rights. Upon receipt of a notice of claimed infringement in conformance with the US Digital Millennium Copyright Act, 17 U.S.C. Section 512©(3), we will expeditiously remove or disable access to the allegedly infringing User Content or other content. StarMojis, LLC or Resource Providers will terminate, in appropriate circumstances, Emojinho (StarMojis, LLC) Accounts of users who repeatedly infringe copyright.
Notifications of claimed copyright infringement should be sent to StarMojis, LLC’s Designated Agent: email@example.com NOTIFICATIONS NOT COMPLIANT WITH THE DMCA PROCEDURE MAY NOT RECEIVE A RESPONSE.
User Content Submissions
Definition: User content submissions may include but not limited to, may include user registration, the creation, sharing, distribution, posting, uploading, linking, downloading, transferring, viewing or an Sticker Message or Sticker Messages, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the “User Content”) on any Web Sites. The content submitted by users, including Sticker Messages, is referred to here after as “User Content”.
Non-Endorsement: StarMojis, LLC does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and StarMojis, LLC expressly disclaims any and all liability in connection with User Content. StarMojis, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Web Sites, and StarMojis, LLC will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with the DMCA provisions. StarMojis, LLC reserves the right to remove User Content at its sole discretion and without prior notice.
License: Unless other specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such User Content you grant StarMojis, LLC, Resource Providers, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
Moderation or Pre-Screening: You acknowledge that StarMojis, LLC may or may not moderate or pre-screen Sticker Messages and other User Content. StarMojis, LLC and its designees retain the right, at StarMojis, LLC’s sole discretion to pre-screen, refuse, or remove any Sticker Message or other User Content from Web Sites. StarMojis, LLC, however, will have no liability related to the content of any such Sticker Message or other User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, StarMojis, LLC shall have the right to remove any Sticker Message or other User Content that violates these Terms.
LINKS TO OTHER MATERIALS OR SITES
The linked sites are not under the control of StarMojis, LLC and StarMojis, LLC is not responsible for the content of any linked site or any link contained in a linked site. StarMojis, LLC reserves the right to terminate any link or linking program at any time. StarMojis, LLC does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Your access to the Emojinho (StarMojis, LLC) application (both container app and 3rd party keyboard extension), Web Sites, Emojinho (StarMojis, LLC) Resources and Services is governed by all applicable federal, state and local laws. The Emojinho (StarMojis, LLC) application and all information available on the Web Sites, Emojinho (StarMojis, LLC) Resources and Services is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. StarMojis, LLC makes no representation that the Emojinho (StarMojis, LLC) application, Emojinho (StarMojis, LLC) Resources, Web Sites or Services in the site or application are appropriate or available for use in other locations, and access to them 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 you and StarMojis, LLC and govern your use of the Emojinho (StarMojis, LLC) application, Web Sites, Emojinho (StarMojis, LLC) Resources and Services. You may be subject to additional terms and conditions that may apply when you use Resource Providers materials, affiliate services, third party content or third party software. The Terms and the relationship between you and StarMojis, LLC shall be governed by the laws of the State of New York, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. 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.
In the case of any violation of these rules and regulations, StarMojis, LLC reserves the right to seek all remedies available by law and in equity for such violations.
Copyright © StarMojis, LLC All rights reserved. StarMojis, LLC.