Terms of Service
Emoter Conditions and Terms of Use
Welcome to Emoter’s Terms and Conditions of Use (“Terms”)! Please take a few moments to read these Terms before enjoying the Emoter App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!).
By creating an Emoter account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and by the Safety Tips, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on www.emoter.app website, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
Eligibility
You must be at least 18 years of age to create an account on Emoter and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with Emoter LLC
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
Also, in order to create an Account, you must:
be at least 18 years old; and
be legally permitted to use the App by the laws of your home country.
You can create an Account via manual registration, or by using your Facebook login details. If you create an Account using your Facebook login details, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy.
We cannot allow you to use another person's Account without their permission and if we discover this is happening we will stop this immediately.
Emoter App Rules
By using the Emoter App, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose
use the Service in order to damage Emoter
spam, solicit money from or defraud any members.
impersonate any person or entity or post any images of another person without his or her permission.
bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic.
post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
use another member's account, share an account with another member, or maintain more than one account.
create another account if we have already terminated your account, unless you have our permission.
Emoter reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Emoter regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
Content
The content you can access on the App can be uploaded and provided by yourself (“Your Content”), provided and uploaded by members (“Users content”) and content created and provided by us (“Our content”).
We have a zero tolerance policy and we do not accept in Emoter App content that:
contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic, violent or otherwise may offend human dignity;
is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
is defamatory or libelous;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of "junk" mail or "spam";
contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Emoter or otherwise;
itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
shows another person which was created or distributed without that person’s consent.
Your Content
You are the only responsible and liable for Your Content and you will indemnify, defend, release and hold Emoter and Emoter Inc. harmless from any claims made related to Your Content. Personal contact (name, home address, postcode, telephone number, email address) or banking information (credit/debit card or other banking details) in relation to you or any other person is strictly forbidden. If you choose to reveal such personal information about yourself, it is at your own risk. Personal information disclosure caution is vital, both online and offline. Your content will be visible to other App users instantly around the globe, so make sure that you are comfortable with the content shared.
By uploading Your Content on Emoter, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
Member Content
Other members of Emoter share content via the App and belongs to the user who posted the content (stored on our servers and displayed via the App). You have no rights in relation to other users’ Member Content and you may not use other users’ Member Content for commercial purposes, to harass, to make unlawful threats or to spam. We reserve the right to terminate your Account if you misuse Member Content. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998.
Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Emoter App are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
you shall not use our name in metatags, keywords and/or hidden text;
you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
you shall use Our Content for lawful purposes only.
We reserve all other rights.
Your Interactions with Other Members
Emoter is not responsible for the conduct of any member on or off of the Service. You agree to use caution in interactions with other members, especially if you decide to communicate off the Service or meet in person. You agree to review the Safety Tips available on www.emoter.app, prior to using the Service.
You are solely responsible for your interactions with other members. You understand that Emoter does not conduct criminal background checks on its members or otherwise inquire into the background of its members. Emoter makes no representations or warranties as to the conduct of members.
DISCLAIMER
Brace yourselves, this may look daunting but it is very important!
The app, site, our content, and member content are all provided to you "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.
Additionally, we do not make any warranties that the app or site will be uninterrupted, secure or error free or that your use of the app or site will meet your expectations, or that the app, site, our content, any member content, or any portion thereof, is correct, accurate, or reliable. Your use of the app or site is at your own risk.
Neither us nor any owner will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the app, site, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the app or site, your sole and exclusive remedy is to stop your use of the app and site.
You hereby waive any and all claims arising out of your use of the app or site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you.
The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The app and site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
INDEMNITY
All the actions you make and information you post on Emoter remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
Modifying the Service and Termination
We are continuously working to improve the Service and we may add new enhancements or remove some features from time to time, and if these actions do not affect your rights or obligations, we may not notice you before taking these actions. If we suspend the Service entirely we will notify you in advance, unless safety or security concerns prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.
Emoter may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate.