This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Emojifi is an intermediary under the Information Technology act, 2000 (“ IT Act” ) and all Content on the Website is User Generated Content unless otherwise specified.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREUNDER, SO PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING
Use of the Website is available only to such persons who can legally contract under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
Any minor desirous to use or contribute on the Website, is required to conduct such transaction through their legal guardian or parents.
Emojifi reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to Emojifi’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
You shall ensure that when you select a username, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of any third party without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, obscene, or that we deem objectionable in our sole discretion. Without limiting the foregoing, we reserve the right to require that any user change its username at any time, for any reason. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
When you use the Website or send emails or other data, information or communication to Emojifi, you agree and understand that you are communicating with Emojifi through electronic records and you consent to receive communications via electronic records from Emojifi periodically and as and when required. Emojifi may communicate with you by email or by such other mode of communication, electronic or otherwise.
Emojifi does not guarantee that any Content will be made available on the WebSite or through the Services. Emojifi does not review or modify any User Generated Content. However, Emojifi reserves the right to, but does not have any obligation to, (i) remove, or block from the Services any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
Your access to and use of the Content and/or Services is at your own risk. Although the Content and Services enable users to connect, interact and share information and content with one another, Emojifi is not responsible for controlling or monitoring any of your Content. Emojifi does not control user interactions, communications, exchanges, meetings or other user conduct ("User Conduct"). Some people may find some Content or User Conduct objectionable, inappropriate or offensive. Even if Emojifi chooses, at any time in its sole discretion, to monitor (in whole or in part) your Content or User Conduct, Emojifi nonetheless assumes no responsibility for your Content or User Conduct, no obligation to modify or remove any Content and no responsibility for User Conduct during use of, or as a result of access to or use of, the Website, Content or Services.
As an Emojifi account holder you may submit User Generated Content to Emojifi, including but not limited to GIFs. You understand that Emojifi does not guarantee any confidentiality with respect to any User Generated Content.
You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
You further agree that Content you submit to Emojifi will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Emojifi all of the license rights granted herein.
You further agree that you will not submit to Emojifi any Content or other material that is contrary to applicable local, national, and international laws and regulations.
In addition to the prohibitions imposed on you under applicable law, you agree not to do any of the following:
Emojifi does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to third party websites. In addition, Emojifi may provide links to the third party websites for which, Emojifi assumes no responsibility for examining or evaluating the products and services offered by them, and Emojifi does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Emojifi does not in any way endorse any third party website(s) or content thereof.
Emojifi welcomes links to this Website. You may establish a hypertext link to this Website, provided that the link does not state or imply any sponsorship or endorsement of your site by Emojifi. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without the express written consent of Emojifi and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the Content or other materials on the Website without Emojifi’s prior written consent.
Emojifi has no special relationship with or fiduciary duty to you. You acknowledge that Emojifi has no duty to take any action regarding:
You release us from all liability for you having acquired or not acquired Content through the Website and/or the Services. Emojifi makes no representations concerning any Content contained in or accessed through the Website and/or the Services, and will not be responsible or liable for the accuracy, copyright compliance, or legality of material or User Generated Content contained in or accessed through the Website and/or the Services.
The Services and the Content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
To the fullest extent permitted by law, Emojifi excludes all warranties, conditions, terms or representations about the accuracy or completeness of Website’s Content or the Content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website and/or Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website and/or Services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website and/or Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or Services. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Without limiting other remedies, Emojifi may limit your activity, immediately remove your Content, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your access or membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
We at Emojifi respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at firstname.lastname@example.org
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF INDIAN RUPEES ONE HUNDRED (INR 100.00).
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Bengaluru shall have exclusive jurisdiction in respect of any matters arising herefrom.
In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by Emojifi. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in [Bengaluru]. The language of arbitration shall be English.
Last Updated - Sep 25, 2020