TERMS OF USE


This privacy policy ("Policy") forms an electronic contract within the provisions of the Information Technology Act, 2000 ("IT Act") and the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the IT Act, from time to time. This Privacy Policy (defined below) does not require any physical, electronic or digital signature.

Your use of the website of the Emojifi Private Limited (“Emojifi”), that is ‘https://gifskey.com/’ or Emojifi’s mobile and desktop applications and extensions (hereinafter collectively referred to as "Website") and any of the application programming interfaces ("API"), services, features, content or applications offered through its Website (hereinafter collectively referred to as “Services”) are governed by this privacy policy ("Privacy Policy"). When you use the Website and/or the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

For the purpose of this Privacy Policy, wherever the context so require "you" shall mean any natural or legal person who has through their access and use of the Website, accepted this Terms of Use and the Privacy Policy.

It is hereby clarified that these Terms of Use apply to all users of the Services, including users who are also contributors of Content on the Services. “Content” includes the text, software, scripts, graphics, graphics interchange formats (“GIFs”), photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.

When you use any of the Services provided on the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of these Terms of Use. Emojifi reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Emojifi grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

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.

  1. Eligibility
  2. 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.

    By accepting the Terms of Use or using or contributing on the Website, you irrevocably declare and undertake that you are of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between Emojifi and you to the extent permissible under applicable laws.

  3. Your Account and Obligations
  4. If you use the Website, you shall be responsible for maintaining the confidentiality of any username and password generated or created by you in the process of the use of the Website and you shall be responsible for all activities that occur under your username and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Emojifi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, Emojifi has the right to refuse to provide you with access to the Website.

    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.

  5. Communications
  6. 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.

  7. Contents Posted on the Website
  8. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Emojifi’s express prior written consent. Emojifi does not guarantee that any Content will be made available on the WebSite or through the Services. Emojifi reserves the right to, but does not have any obligation to, (i) remove, edit, modify, 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.

  9. Rights in Content and Responsibility
  10. Subject to your compliance with these Terms of Use, Emojifi grants you a personal, limited, non-exclusive, non-transferable and revocable license to view Content through the Website, and to use the Services to transmit a copy of the Content to recipients of your messages through email or other messaging applications interfacing with the Services, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

    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.

  11. Your Content and Conduct
  12. As an Emojifi account holder you may submit Content to Emojifi, including but not limited to GIFs. You understand that Emojifi does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Website and/or the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit; and you license to Emojifi all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Website and/or the Services pursuant to these Terms of Use.

    For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Emojifi, you hereby grant Emojifi a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, add advertisements, add branding, add logos, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Services and Emojifi's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website and/or the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website and/or the Services, a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Services and under these Terms of Use. The above licenses granted by you in the Content you submit to Emojifi terminate within a commercially reasonable time after you remove or delete your Content from the Website and/or the Services. You understand and agree, however, that Emojifi may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. 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.

    Emojifi does not endorse any Content submitted to it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Emojifi expressly disclaims any and all liability in connection with the Content. Emojifi does not permit copyright infringing activities and infringement of intellectual property rights on the Website and/or the Services, and Emojifi will remove all Content submitted by you, if properly notified that such Content infringes on another's intellectual property rights. Emojifi reserves the right, but is not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Use. Emojifi has the right to investigate violations of these Terms of Use or conduct that affects the Website and/or the Services. You agree to cooperate fully with Emojifi in any such investigation. Emojifi may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  13. General Prohibitions
  14. In addition to the prohibitions imposed on you under applicable law, you agree not to do any of the following:

    • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, spam, misleading or deceptive; (iv) is defamatory, obscene or pornographic; (v) promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; (viii) contains personal or contact information about any other person without their prior authorization; or (ix) violates any content policies Emojifi has posted for the Services.
    • Use, display, mirror or frame the Services, or any individual element within the Services, Emojifi’s name, any Emojifi trademark, logo or other proprietary information or the trademark, logo or other proprietary information of any other party displayed within the Service, or the layout and design of any page or form contained on a page, without Emojifi’s express written consent;
    • Access, tamper with, or use non-public areas of the Services, Emojifi’s computer systems, or the technical delivery systems of Emojifi’s providers;
    • Attempt to probe, scan, or test the vulnerability of any Emojifi system or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Emojifi or any of Emojifi’s providers or any other third party (including another user) to protect the Services or Content;
    • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Emojifi or other generally available third party web browsers;
    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    • Use any meta tags or other hidden text or metadata utilizing a Emojifi trademark, logo, URL or product name without Emojifi’s express written consent;
    • Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
    • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    • Collect or store any personally identifiable information from the Services or the Website from other users of the Services without their express permission;
    • Impersonate or misrepresent your affiliation with any person or entity, or utilize the Services on behalf of any other person or entity without prior authorization from both that person or entity and Emojifi;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other individual to do any of the foregoing.

    Although Emojifi is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, Emojifi has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use, or to comply with applicable law or other legal requirements.

  15. Links to Third Party Websites or Resources
  16. 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.

  17. Links
  18. 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.

  19. Privacy
  20. Emojifi views protection of your privacy as a very important principle, and understands clearly that you and your personal identification information is required to be safeguarded. We store and process your Personal Identifiable Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules thereunder. Our current Privacy Policy is available at Privacy Policy. If you object to your Information being transferred or used in this way please do not use the Website.

  21. Disclaimer of Warranties and Liability
  22. Emojifi has no special relationship with or fiduciary duty to you. You acknowledge that Emojifi has no duty to take any action regarding:

    • which users gain access to the Website and/or the Services;
    • what Content you access via the Website and/or the Services; or
    • how you may interpret or use the Content.

    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 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.

  23. Breach
  24. 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:

    • If you breach the Terms of Use or Privacy Policy or other rules and policies, if any;
    • If Emojifi is unable to verify or authenticate any information you provide; or
    • If it is believed that your actions may cause legal liability for you, other users or Emojifi.

    A user that has been suspended or blocked may not attempt to use the Website in any manner whatsoever until such time that such user is reinstated by Emojifi. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, Emojifi reserves the right to take any legal or other action including but not limited to a referral to the appropriate authorities for initiating proceedings against you.

  25. Indemnity
  26. You shall indemnify and hold harmless Emojifi (including its affiliates, subsidiaries, group companies), its directors, employees, agents, partners, suppliers or content providers, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of any of these Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third party. Emojifi reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  27. Copyright complaint
  28. 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 support@gifskey.com.

  29. Limitation of Liability
  30. 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).

  31. Applicable Law:
  32. 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.

  33. Dispute Resolution
  34. In the event any dispute arises out of or in connection with the Terms of Use herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.

    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.

  35. General Provisions
  36. Notice: All notices to be issued pursuant to these Terms of Use shall be served to you by email or by general notification on the Website. Any notice to be sent to Emojifi pursuant to these Terms of Use shall be sent to Emojifi’s grievance officer by e-mail to support@gifskey.com.

    Assignment: These Terms of Use shall not be assigned or otherwise transferred by you. However Emojifi’s obligations under these Terms of Use are freely assignable or otherwise transferable by Emojifi to any third parties without the requirement of seeking your prior consent.

    Severability: If any provision of these Terms of Use is void, or is so declared, such provision shall be severed. The Terms of Use shall otherwise remain in full force and effect.

    Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

    Relationship and Exclusivity. Nothing in these Terms of Use shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.

    Force Majeure: If performance of any Service under these Terms of Use by Emojifi is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Emojifi and could not have been prevented by reasonable precautions then Emojifi shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Emojifi of its obligations herein.

    Last Updated - May 14, 2018