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Emojibb.digital’s Terms of Service

Welcome to Emojibb.digital.

LAST UPDATED: 13th June, 2022

Disclaimer: Terms and Conditions are legally binding Undertakings between Emojibb.digital and website visitors which bind them to terms of use followed by Emojibb.digital for creating a transparent community. 

Emojibb (also “us”, “we”, “our”) provides this site as a service to its users. We request you to review the following basic rules that govern the use of the site. Please note that the use of the site constitutes the users’ Agreement to follow and be bound by these terms. In case of disagreement over the terms, the usage of the site should be avoided. Although users may ‘bookmark‘ a particular portion of the site and thereby bypass this Agreement, their use of this site still binds them to these terms.

Since we may revise this Agreement at any time, users should visit this page periodically to review the terms of their use.

Please read the Terms of Service carefully before you start to use the Site.

By using the Site, opening an account, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your representative or any other entity (if applicable), to be bound and abide by these Terms of Service and our Privacy Policy, found https://Emojibb.digital, each of which is incorporated herein by reference.

If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Emojibb services without proper guidance and supervision. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Support team can be performed by submitting a request to bb@Emojibb.com.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.

Overview:

• For using the Site you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account. We are not liable for any acts or omissions by you in connection with your account.

• Users may not offer or accept payments using any method other than placing an order through the Site.

• Emojibb retains the right to use all delivered services for Emojibb marketing and promotion purposes.

• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

• Users undertake to comply with Emojibb’s Standards, which are a set of behavior rules and guidelines, applicable to the Emojibb community and marketplace in addition to these Terms of Service, as updated from time to time.

User Restriction to Use Material: For Digital Download product

Emojibb shall be retaining the rights of uploaded digital material and users, in any case, are prohibited to use raw files for free distribution. Any publishing of such digital download shall be done after necessary modifications are made to the raw file, users are entitled to create fresh creative out of raw files after modifications, however under this Agreement Users are not allowed to trade on raw files and the same shall be the grounds for indemnification for Emojibb. We pose no prohibition to use the characters after the modifications and the same can be used by Users for creativity, product, or Print on demand.

Content of this Site

Occasionally, there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, or quantity. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after the user has submitted his/her order). We apologize for any inconvenience this may cause. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written materials that are part of this website (collectively, the “Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by registered brand Emojibb. This site and all its Contents are intended solely for personal, non-commercial use. Users may download or copy the Contents and other downloadable materials displayed on the site for their personal use only. No right, title, or interest in any downloaded materials or software is transferred to them as a result of any such downloading or copying. Users may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the site or any related software.

User Conduct and Protection

Services offered on Emojibb reflect the diversity of an expanding economy. Members of the Emojibb community communicate and engage through orders, social media, and on Emojibb’s Community Forums.

Emojibb maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Emojibb. This section relates to the expected conduct users should adhere to while interacting with each other on Emojibb.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Support team by writing to bb@Emojibb.com.  

Third-Party Websites and Content

Links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, banners, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”), may be found on this Site (or you may be directed to them via the Site). We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

We do not approve or endorse any Third-Party Websites or Third-Party Content by including them, linking to them, or allowing them to be used or installed. You do so at your own risk if you leave the Site and access Third-Party Websites or use or install any Third-Party Content, and you should be aware that these Terms of Use no longer apply. You should read the terms and policies of any website you visit through the Site, including the privacy and data collection practices, as well as the terms and policies of any application you use or install from the Site.

Any purchases you make through Third-Party Websites will be made through other websites and firms, and we bear no responsibility for such purchases, which are solely between you and the applicable third party. You accept and understand that we do not endorse the products or services offered on Third-Party Websites, and you agree to indemnify us for any damages incurred as a result of your purchase of such items or services. Furthermore, you agree to hold us harmless from any damages or harm you may suffer as a result of or in connection with any Third-Party Content or any contact with Third-Party Websites.

Our Statement

• To protect our users’ privacy, user identities are kept anonymous, where possible. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Emojibb in order to circumvent or abuse the Emojibb messaging system or Emojibb platform is not permitted.

• Emojibb does not provide protection or recognize any agreements, whatsoever, in interactions outside of the Platform.

• All communication, information, and file exchanges must be performed exclusively on the platform.

• Rude, abusive, improper language or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account, or suspension of services.

• Emojibb is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation, or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.

• Users may not submit proposals or solicit parties introduced through Emojibb to contract, engage with, or pay outside of the Platform.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our relevant team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such users on the Site. Warnings do not limit account activity but can lead to your account being permanently disabled based on the severity of the violation.

Indemnification

User agrees to defend, indemnify and hold Emojibb harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to his/her use of the site.

Optional Tools

We may provide you with access to third-party tools over which nor we have monitoring rights nor controls nor inputs.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Personal Information

Our Privacy Policy governs your submission of Personal information through the store. To view our Privacy Policy please visit Link.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These terms are effective unless and until terminated by either the user or Emojibb. The user may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny user access to the site, if in Emojibb’s sole discretion the user fails to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either the user or by us, the user must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Waiver and Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content, and other materials available thereon, is exclusively owned by Emojibb and protected by copyright, trademark, and other intellectual property laws. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Emojibb owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content including, without limitation, the exclusive right to create derivative works.

Confidentiality

Partners should recognize that there might be a need for Customers to disclose certain confidential information to be used by Partners for the purpose of delivering the ordered service, and to protect such confidential information from unauthorized use and disclosure. Therefore, Partners agree to treat any information received from Customers as highly sensitive, top-secret, and classified material. Without derogating from the generality of the above, Partners specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Customer’s permission.

General Terms

• Emojibb reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.

• Violation of Emojibb’s Terms of Service may get your account disabled permanently.

• Users with disabled accounts will not be able to transact on our Platform.

• Users who have violated our Terms of Service and had their account disabled may contact our Support team for more information surrounding the violation and status of the account.

• Users must be able to verify their account ownership through Support by providing materials that prove ownership of that account.

• Disputes should be handled using Emojibb’s dispute resolution procedures or by contacting Emojibb Support at bb@Emojibb.com 

• We may make changes to our Terms of Service from time to time. When these changes are made, we will make a new copy of the terms of service available on this page.

• You understand and agree that if you use Emojibb after the date on which the Terms of Service have changed, we will treat your use as acceptance of the updated Terms of Service.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EMOJIBB NOR ANY PERSON ASSOCIATED WITH EMOJIBB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL EMOJIBB, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Emojibb.

Feedback Rights:

To the extent that you provide Emojibb with any comments, suggestions or other feedback regarding the Emojibb platform or the Site as a whole, as well as other Emojibb products or services (collective, the “Feedback”), you will be deemed to have granted Emojibb an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Emojibb is under no obligation to implement any Feedback it may receive from users.