AUDIENCE AND ACCOUNTS
You must be at least 13 years of age to use the Services or submit any information to emosy. If you are between 13 and 18 years of age, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using the Services, you agree to: (a) maintain the security of your account by not sharing your password (if you have an account with a password) or other access credentials with others and restricting access to your account and your computer or mobile device; (b) promptly notify emosy if you discover or otherwise suspect any security breaches related to the Services; and (c) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
You understand that you are responsible for all data charges you incur by using the Services.
If you submit or post User Content to the Services, you grant emosy a nonexclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with emosy’s marketing and promotional activities. You agree that this license includes the right for emosy to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services. You further grant emosy the right to publicly display your (already public) username or id in connection with User Content.
You understand that User Content may be displayed publicly. emosy does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content.
You may only post User Content that (a) is non-confidential; (b) you have all necessary rights to post to the Services; (c) is accurate and not misleading or harmful in any manner; and (d) does not and will not violate these Terms or any applicable law, rule or regulation.
ACCEPTABLE USE OF THE SERVICES
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Services and you use the Services at your own risk. You further agree not to:
Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
Attempt to indicate that you have a relationship with emosy or that emosy has endorsed you or any products or services;
Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages;
Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
Use or attempt to use another’s account without authorization from such user and emosy contents;
Develop any third-party application that interacts with the Services without emosy’s prior written consent;
Use any automated means or interface not provided by emosy to access the Services;
COPYRIGHT, TRADEMARK AND LIMITED LICENSE
The emosy logos and any other product or service name or slogan contained in the Services are trademarks of emosy and its suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the emosy logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of emosy or its licensors or users and are protected by international copyright, trademark and other laws. Except as explicitly stated in these Terms, emosy does not grant any express or implied rights to use Service Materials.
You are granted a limited, non-transferable and revocable license to access and use the Services and Service Materials for your personal, non-commercial use. This license is revocable at any time.
The Services may include links and other content owned or operated by third parties, including advertisements and social "widgets" (we call these "Third-Party Content"). You agree that emosy is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave the Services, you should understand that emosy’s terms and policies no longer govern and that the terms and policies of those third party sites or services will then apply.
FEEDBACK AND OTHER SUBMISSIONS
Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Submissions"). You acknowledge and agree that Submissions are non-confidential and will become the sole property of emosy. You agree to execute any documentation required by emosy to confirm such assignment to emosy.
emosy respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify emosy’s contact address: [email protected]
HOW WE COLLECT AND USE INFORMATION
INFORMATION YOU PROVIDE TO US
Other Information: You may provide other information directly to us. For example, we may collect information when you fill out a form, update your account, interact with the Services, communicate with us via third-party social media sites, request customer support or otherwise communicate with us.
OTHER INFORMATION WE COLLECT WHEN YOU USE THE SERVICES
Location Information: Many features of the Services will not work unless you provide us with some information about your location. If you consent to the collection of location information (e.g. if you permit your mobile device to send us your latitude and longitude), we will collect and use this information both while you are directly using the Services and in the “background” (i.e. at times when you are not directly using the Services), so that we can tailor your interactions and experiences with the Services and to provide more relevant advertising to you on our Services and other websites and mobile applications. For example, we or our advertising partners may show you emosy contents from people around you or places you frequently visit, notifications of things happening around you in real time, or advertisements from businesses near your location. If you do not permit your mobile device to provide us with location information, or location information is not available from your device for technical reasons, we may use your IP address or information about the WiFi SSID from which you access the Services to determine an approximate geographic location for your device. For more details about how you may control the collection of location information, please see "Your Choices" below.
Usage Information: We collect information about your use of the Services, including access times, pages and emosy contents viewed, user and emosy interactions (e.g. messages, emojis, and related contents) and other information about your interactions with us, the Services and other users. We use this information to, among other things, personalize your experience, provide and improve the Services, and monitor and analyze use of the Services.
Device Information: We collect information about the device you use to access our Services, which may include the hardware model, operating system and version, browser type and language, IP address, unique device identifiers and mobile network information. Among other things, we use this information to customize the Service for your device, to provide customer service and support, to deliver the products and services you request, to deliver notifications, for user safety, and for analytics and authentication.
Log Information: We collect information in our log files when you use the Services. This includes, among other things, your browser and device type, language, access times, pages viewed, your IP address, and the URL you visited before navigating to our websites. We use log information to provide, understand, and improve our Services.
HOW WE SHARE INFORMATION
When you use the Services, certain information may be shared with other users and the public. For example:
Any messages posted to the Services is public and, as a result, others may be able to see the time the message was posted, the text and image contents of your messages and the geographic location in which you posted your messages.
If you post any User Content to the Services, other emosy users may be able to see certain information related to your location. For example, other users may be able to see whether you are or were within a certain proximity of their current location or if you frequent similar locations.
With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of emosy or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
Between and among emosy, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership;
If we have a good faith belief that disclosing the information is necessary to comply with a law, regulation, legal process, or governmental request; and
With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
SOCIAL SHARING FEATURES
The Services may offer social sharing features and other integrated tools, which let you share emosy contents with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
ADVERTISING AND ANALYTICS SERVICES
ACCOUNT INFORMATION AND CONTENTS
Your emosy contents remain public so long as you or we do not delete them from the Services. You may choose to delete your individual emosy contents at any time, and we will then remove them from the Services. However, it is important to note that your deleted emosy contents may remain in storage in our systems for a limited period of time for legal, business, safety, or system backup reasons, and they may remain accessible in cached and archived pages of the Services or elsewhere if others have chosen to copy or save them. Search engines and other sites may also index and cache content on our Services. You may have to contact these thid-party sites or search engines directly to delete your cached information, subject to their policies and procedures.
If you wish to delete your account, please contact us by using the contact link in settings from inside the application or our home page, but note that we may retain certain information as required by law, for legitimate business purposes or for the safety of emosy (including its users) and others. We may also retain cached or archived copies of information about you for a certain period of time.
When you first download or open any of our mobile applications or access certain features of the Services, you will be asked to consent to the collection of location information from your mobile device or platform. If you consent to the collection of this information but later wish to withdraw your consent, you may do so at any time by either changing the settings on your mobile device or deleting our mobile application.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.