Flirtmoji Terms of Service

2014-11-13

BEFORE USING ANY FLIRTMOJI SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO FLIRTMOJI, I ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THE “AGREEMENT”), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE FLIRTMOJI SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU (THE “USER”) AND FLIRTMOJI.

DEFINITIONS.

  • “Flirtmoji” means Flirtmoji, LLC located in California, U.S.A.
  • "User" means the person accessing the "Site" to utilize the "Service".
  • "Site" means the web address: http://www.flirtmoji.co or http://www.flirtmoji.com or any sub domain of “flirtmoji.co” at which the "Service" is made publicly available.
  • "Service" or “Services” means access to the "Site" to facilitate:
  • the usage of downloadable and shareable images via the "Site", the "User’s" own messaging applications, mobile device, website, blog, social media feed or any other web service from which the "User" chooses to communicate.
  • and any other services or facilities provided by Flirtmoji.
  • "Sexually Explicit Materials" means illustrated depictions of sexual content, including but not limited to genitals, sexual acts, and other sexually suggestive content.

BY CHOOSING TO ENTER AND CONTINUE TO UTILIZE THE “SITE” AND THE “SERVICE”, THE “USER” IS AFFIRMING THAT ALL OF THE FOLLOWING STATEMENTS ARE COMPLETELY TRUE AND CORRECT:

AGE RESTRICTION.

  • I have attained the Age of Majority in my jurisdiction;
  • The "Sexually Explicit Material" that I am viewing is for my own personal use and entertainment and I will not expose any minor to the "Sexually Explicit Material";
  • I desire to receive, view and/or download the "Sexually Explicit Material";
  • It is my legal right to receive, view, and/or download the "Sexually Explicit Material";
  • I believe that sexual acts between consenting adults are neither offensive nor obscene and I desire to view and/or download the "Sexually Explicit Material";

USAGE.

  • I agree to use the “Flirtmoji” service for the purposes of communication between responsible and consenting adults.
  • I agree that the viewing, reading and downloading of "Sexually Explicit Material" does not violate the standards of any community, town, city, state or country where I will be viewing, reading and/or downloading the "Sexually Explicit Material".
  • I agree that any "Sexually Explicit Materials” displayed on the Site are intended to be used by responsible adults as sexual aids for communication and/or to provide sexual entertainment.
  • The text, images, graphics, logos, illustrations, icons, data, scripts, programs, software, and other materials that are shown on Flirtmoji’s websites, delivered to the “User” or otherwise made available through Flirtmoji’s services are copyrighted by Flirtmoji and/or the respective intellectual property owner. I agree that while using this services requires sharing, distributing, posting, transmitting, and duplicating Flirtmoji content, I do not have permission to otherwise violate Flirtmoji’s copyright by modifying, selling, reproducing, or otherwise exploiting the icons, “Service”, and other intellectual property from Flirtmoji.
  • I understand that my password protects my user account, and I am solely responsible for keeping my password confidential and secure. I understand that am responsible for all use of my username and password on the Service. If the “User” suspects a username or password is lost or stolen, or if the “User” believes there has been unauthorized account access by third parties, the “User” must change passwords as soon as possible and notify Flirtmoji immediately at help@flirtmoji.co.
  • All content is copyrighted and protected under US and international copyright law. The “User” is granted a limited license to view and share the content of Flirtmoji within the previously listed usage rights. This limited license terminates if the “User” breaches any of these Terms.

PRIVACY.

  • For authentication purposes, Flirtmoji stores the “User's” email address and an encrypted password.
  • Flirtmoji doesn’t collect or store complete credit card information in our servers. We use Stripe, a PCI Level 1 Certified third party to process payments. We care about the “Users” valuable information and this is the most stringent level of security certification available.
  • Per industry standards, Flirtmoji does store the last 4 digits of “Users” credit cards.
  • By signing up, I allow Flirtmoji to email me about Flirtmoji promotions and service updates. I understand that I can opt out of these emails at any time by unsubscribing at the bottom of the email.

OUR OBLIGATIONS.

  • Flirtmoji shall use its reasonable endeavours to make its services available to the "User" and its customers 100% of the time but because the "Service" is provided by means of computer and telecommunications systems, Flirtmoji makes no warranties or representations that the "Service" will be uninterrupted or error-free and Flirtmoji shall not, in any event, be liable for interruptions of the "Service" or "Downtime".
  • Use of Flirtmoji’s services is at the “Users” own risk. Flirtmoji’s services and all websites linked from it are provided "AS IS" and on an "AS AVAILABLE" basis. The content and materials are provided "AS IS" and no warranties are made of any kind. Flirtmoji’s disclaims all warranties, express or implied, or any kind, including any implied warranty of merchantability, fitness for any purpose, or non-infringement. Flirtmoji makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this website or any materials or information made available through Flirtmoji’s services.
  • Flirtmoji reserves the right to revise, replace, remove, or make any other modifications to the “Services”. Flirtmoji’s right to edit the content of our “Services” extends to already-purchased content. If content is removed after a user has already purchased it, Flirtmoji will work to replace the removed content with an adequate replacement in a timely manner.
  • Flirtmoji does not provide data restoration facilities for individual "Users". Even though every effort is made to ensure data is backed up correctly Flirtmoji accepts no responsibility for data loss or corruption.
  • Flirtmoji makes no guarantee that the services will operate in any certain way or on any particular platform, software, browser, or hardware. Flirtmoji makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet the “User’s” expectations or satisfaction. Any use of Flirtmoji services is at the “User’s” own risk and the “User” is solely responsible for any damage to computer hardware or software or loss of data that occurs during use of the “Service” regardless of fault, including damage or loss due to viruses, Trojans, or other malware.

USER RESTRICTIONS.

  • I understand and hereby acknowledge and agree that I will comply with the prohibitions of usage on the site and service.
  • I will not use the Flirtmoji “Services” or any information displayed within the Flirtmoji “Services” to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;
  • I will not use the Flirtmoji “Services” for any commercial or non-private use, it being understood that the Flirtmoji “Services” are for personal, non-commercial use only;
  • I will not use the Flirtmoji “Services” for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  • I will not provide my Flirtmoji “Services” password to any other person;
  • I will not access Flirtmoji “Services” through any other person’s username and password;
  • I will not misrepresent the source, identity or content of information transmitted via Flirtmoji;
  • I will not intentionally interfere with or damage operation of the Flirtmoji “Services” or any User’s enjoyment of them, by any means;
  • I will not use the Flirtmoji “Services” with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
  • I will not use the Flirtmoji “Services” in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Flirtmoji “Services” could lead directly to death, personal injury, or severe physical or property damage;
  • I will not attempt to gain unauthorized access to the Flirtmoji “Services”, or any part of it, other accounts, computer systems or networks connected to the Flirtmoji “Services”, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Flirtmoji “Services” or any activities conducted on the Flirtmoji “Services”;
  • I am solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any of the "Sexually Explicit Material". I further agree that neither the Site nor its affiliates, agents and operators can or will be held responsible for any legal ramifications arising from any fraudulent entry into or use of the Site;
  • I will not use any robot, spider, scraper or other automated means to access the Flirtmoji “Services” for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Flirtmoji “Services” or modify the Flirtmoji “Services” in any manner or form, nor to use modified versions of the Flirtmoji “Services”, including (without limitation) for the purpose of obtaining unauthorized access to the Flirtmoji “Services”.

TERMINATION AND REFUNDS

  • We may terminate a “Users” access to and use of the “Services”, at our sole discretion, at any time and without notice. Upon any termination, discontinuation or cancellation of “Services”, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
  • Refunds for any purchases will be granted only at Flirtmoji’s discretion. Refunds can be requested by emailing help@flirtmoji.co with an explanation.

GENERAL PROVISIONS

  • These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements we might have between us regarding the Services. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in effect.
  • The User may not assign or transfer these Terms, by operation of law or otherwise, without Flirtmoji’s prior written consent. Any attempt by the User to assign or transfer these Terms, without such consent, will be null and of no effect. Flirtmoji may freely assign or transfer these Terms without restriction.
  • Any notices or other communications provided by Flirtmoji under these Terms, including those regarding modifications to these Terms, will be given: (i) by Flirtmoji via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
  • Flirtmoji failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flirtmoji. As used in these Terms, the word "including" means "including but not limited to." Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.