Terms of Use and Conditions of Service

SERVICE DESCRIPTION
Emoticast provides an online service that allows you to create watch and send short video clips with sound (“TuneMojis”, “Musicos” or “clips”)  that you can send to other people on other messaging platforms (such as Facebook messenger). These clips are primarily designed for mobile-enabled services and are designed to facilitate fun and entertaining message exchange.

1. About these terms 
1.1 These terms create a legal agreement between you (“ you” or “ your”) and Emoticast Limited of 1 Book Mews, Flitcroft Street, London, WC2H 8DJ, a company registered in United Kingdom with registration number 08872964 (“we”, “us” or “our”) in relation to our app that is made available via the Apple App Store, Google Play Store, on Amazon Kindle, the Windows Store and/or on Facebook (the “App”), and any related messaging service or music sticker store (the “Services”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy. 
1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services. 
1.3 You can access these terms at any time at about.emoticast.com/consumer-terms.We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Services shall confirm your acceptance of the updated terms. 

2. About accessing and using our Services 
2.1 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services. 
2.2 We have the right to withdraw or modify our App or any other part of our Services (in whole or in part) without liability to you from time to time:
a) for technical reasons (such as technical difficulties experienced by us or on the internet);
b) to allow us to improve user experience;
c) where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our App or Services);
d) because it no longer makes business sense for us to provide the relevant App or Service; or
e) because we have altered the services we provide. 
2.4 There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. 
2.5 Paying for items on our App The charge for any individual item you can purchase via our App shall be as stated on our App at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase. 

3. Accounts 
3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with. 
3.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. 
3.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise. 
3.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same. 
3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our App and any Virtual Money or Virtual Goods associated with your account). 

4. Intentionally deleted

5. User conduct and content 
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services. 
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times. 
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services. 
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
a) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
b) that is or could reasonably be viewed as invasive of another's privacy;
c) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
d) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
e) which infringes any intellectual property right or other proprietary right of others;
f) which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
g) which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 
5.5 You agree that you will not:
a) use our Services to harm anyone or to cause offence to or harass any person;
b) create more than one account per platform to access our Services;
c) use another person or entity’s email address in order to sign up to use our Services;
d) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
e) disguise, anonymise or hide your IP address or the source of any Content that you may upload;
f) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
g) remove or amend any proprietary notices or other ownership information from our App or any other part of our Services;
h) interfere with or disrupt our Services or servers or networks that provide our Services;
i) attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
j) 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
k) sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods;
l) disobey any requirements or regulations of any network connected to our Services;
m) use our Services in violation of any applicable law or regulation;
n) use our Services in any other way not permitted by these terms. If you are concerned that someone else is not complying with any part of these terms, please contact us here: support@emoticast.com. 
5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services. 
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so. 
5.8 You are solely responsible for your interactions with other users of our Services. 

6. Your breach of these terms 
6.1 We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 5.4 or 5.5 are likely to be considered material breaches. 
6.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you. 

7. Disclaimer and release 
7.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded. 
7.2 For any losses or harm (other than those mentioned in paragraph 7.1), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions. 
7.3 We are not responsible for: 
a) losses or harm not caused by our breach of these terms or negligence; or 
b) losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; 
c) any increase in loss or damage resulting from breach by you of any of these terms and conditions; or 
d) technical failures or the lack of availability of our App and/or social media channels where these are not within our reasonable control. 
7.4 We will provide our Services with the same skill and care as other similar website or App providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services.
7.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms. 

8 Intellectual property 
8.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services is owned by or licensed to us.
8.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. 
8.3 You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. 
8.4 In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise. 
8.5 By submitting Content (as defined in paragraph 5.3) via our Services you: 
a) are representing that you are fully entitled to do so; 
b) grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; 
c) acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
d) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf. 
8.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to support@emoticast.com: 
a) a description of the intellectual property rights and an explanation as to how they have been infringed; 
b) a description of where the infringing material is located; 
c) your address, phone number and email address; 
d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and 
e) a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed. 

9 Privacy 
9.1 We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use our Services. 
9.2 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our App and you agree to allow it to interact with a social network you are giving us permission to use your email address and any other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can use the App socially. This is intended to make our App more enjoyable for you and others that use our App on that social network. If you do not agree to these practices you should not allow our App to interact with your social network. 
9.3 We may use cookies or similar technologies (such as HTML5 Local Storage) to store certain types of information each time you use our Services. They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy. 

10 Links 
10.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data. 

11 Transferring these terms 
11.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing. 

12 Entire agreement 
12.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. 

13 Changes to these terms 
13.1 You can find these terms at any time by visiting https://discover.tune-moji.com/terms. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services. 

14 Severability 
14.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. 

15 Waivers of our rights 
15.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us. 

16 Complaints and dispute resolution 
16.1 Most concerns can be solved quickly by contacting us at support@emoticast.com. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of England. 

17 Questions about these terms 
17.1 If you have any questions about these terms or our Services you may contact us by email at support@emoticast.com. These terms were last updated on 17 May 2018. © Emoticast.com Limited. All rights reserved.

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