Copyright © 2017 Emoji Games GmbH. All rights reserved.
BY USING AND/OR VISITING THE EMOJIGAMES.IO WEBSITE AND/OR ANY SUB-WEBSITE OF EMOJIGAMES.IO (as defined below; collectively, including all content available through the EMOJIGAMES.IO domain name and/or any sub-domain names, the "Emoji Games Website", or "Website"), is owned, maintained and operated by Emoji Games GmbH addressed at Hirschengraben 31, 6003, Lucerne, Switzerland. ("Emoji Games") and by USING ANY OF THE ServiceS PROVIDED ON THE WEBSITE (as defined below) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF EMOJI GAMES'S PRIVACY POLICY, WHICH ARE PUBLISHED AT WWW.EMOJIGAMES.IO, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Emoji Games Website.
The Terms of Use constitute a binding legal Agreement between You as user (“you”) and the subsidiaries and/or affiliates of Emoji Games (the "Emoji Games Affiliates"). For the purpose of these Terms of Use, a "Sub-website" of Emoji Games shall be considered as any website which is part of the Emoji Games Service offering which refers to these Terms of Use as the terms governing the use of such websites.
This Terms of Use Agreement sets forth the legally binding terms for your use of the Emoji Games Services and they shall apply to all users of the Emoji Games Website, including users offering content and/or other materials or Services on or through the Website. By using the Emoji Games Services, you agree to be bound by this Agreement. You are only authorized to use the Emoji Games Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE YOUR MINI-GAMES WEBSITE AND DISCONTINUE USE OF THE YOUR MINI-GAMES ServiceS IMMEDIATELY. IF YOU WISH TO MAKE USE OF THE YOUR MINI-GAMES ServiceS, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
In order to participate in certain Emoji Games Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the EMOJIGAMES.IO Services in which you choose to participate, those additional terms may be hereby incorporated into this Agreement as an integral part hereof.
EMOJIGAMES.IO may modify this Agreement from time to time and such modification shall be effective upon posting by EMOJIGAMES.IO on the Website. You agree to be bound to any changes to this Agreement when you use the Emoji Games Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
By using the Emoji Games Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Emoji Games Services does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are younger than 18 years of age.
Minors are not allowed to purchase premium/upgraded Services or any applications (as defined below). Accordingly, by purchasing such Services the user declares and represents that he/she is older than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approval or consent.
Subject to full compliance with the Terms of this Use Agreement, Emoji Games shall provide certain Services, as described more fully on the Website ("Services"). Services may include, but are not limited to, the formation, customisation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, information, data, graphics, photographs, images, illustrations, animations, software, audio and video.Collectively known as "Content"). Please note that part of the Services (or special features) may be provided only to users who sign up for such Services and Emoji Games may charge fees for such Services. The Services are provided by Emoji Games AS IS and Emoji Games assumes no responsibility for any failure in providing the Services to users. Emoji Games may change, suspend or discontinue any or all of the Services or any content for any reason, at any time, including the availability of any feature or part of the content at its sole discretion. Emoji Games may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Emoji Games may charge fees for the use of the Services and for the license or part of them and may include advertisements or other commercial content in any Emoji Games product or image or webpage including such which have been created by users unless stated otherwise.The premium/upgraded Services provided by Emoji Games (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use WWW.EMOJIGAMES.IO Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
You will be responsible for ensuring you comply with all applicable laws in your jurisdiction for the Terms and Conditions/Privacy Policy used for your campaign for your target users. You will take full legal responsibility to update the campaign and game policies to fully comply with your jurisdiction where your use of Your Mini Games takes place.
The Emoji Games Website may contain third party content and links to third party websites that are not owned or controlled by Emoji Games. Emoji Games has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Emoji Games will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Emoji Games from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Emoji Games Website and to read the terms and conditions, and privacy policy of each other website that you visit.
A. Emoji Games hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Emoji Games; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Emoji Games immediately of any breach of security or unauthorized use of your account. Although Emoji Games will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Emoji Games or others due to such unauthorized use.
A. Linked Third Party Content
Emoji Games enables you to link to images, animations, videos, audio and other content hosted on third party websites (the “Linked Content”). As a registered user, your creation is saved by Emoji Games, but this is separate from the Linked Content, and the existence of your creation in Emoji Games does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.
Emoji Games may provide its users with the ability to embed images, animations, videos, audio, fonts, and other content owned or provided by third parties into Emoji Games created content. In such cases, the use of such third party content shall be subject to the compliance with the provisions of these Terms of Use and in addition, the Terms of Use / end user license agreement of the third party owning or providing the used content.
B. Third Party Content
Emoji Games may provide on the Website (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties ("Third Party Content"). You acknowledge and agree that Emoji Games shall have the right, at any time, at its sole and exclusive discretion to: (i) remove from the Emoji Games Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the Emoji Games Website ("Your Emoji Games Content"). If you do not obey such instructions, and you do not remove the Third Party Content from Your Emoji Games Content within no later than 24 hours from the time in which Emoji Games provided you the relevant notice, Your MINI-GAMES SHALL HAVE THE RIGHT TO DISABLE AND/OR DELETE THE ACCESS TO YOUR Your MINI-GAMES CONTENT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO Your MINI-GAMES, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO Your MINI-GAMES
To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the Website and which Emoji Games requires its removal for any reason.
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not modify, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sell or use any Third Party Content, except as specifically provided and allowed by Emoji Games; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.
Emoji Games enables you to share your creations and/or User Content (as defined below) through third party websites, blogs, email or mobile applications and mobile chatbot systems. When sharing your creations through third party Services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the Services through which you are sharing your creation.
You are fully aware of the fact that Emoji Games shall not have any responsibility or liability with regard to any third party Services used by you on or through your Emoji Games formed web content, such as payment Services, and any use of such third party Services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such Services (such as the possibility of a 'Stripe' payment button ), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Emoji Games.
Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Emoji Games reserves the right to change its prices at any time. You authorize Emoji Games directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
Please note that according to internal agreements, emojigames.io is entitled to collect fees from users on behalf of the Charged Services, to process any payments and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Emoji Games does not receive a request from the user, through the managed premium section under the Emoji Games Website for Charged Services termination, you acknowledge and understand that Emoji Games will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-purchase for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Emoji Games expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICES FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION Your MINI-GAMES WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH Your MINI-GAMES AT Your MINI-GAMES’ THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH AN EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS AGAINST Your MINI-GAMES IN RELATION TO THE DISCONTINUATION OF THE SERVICES.
Emoji Games grants you the limited, non-exclusive, non-transferable licence during free trial term or the paid term to display customized Emoji Games at different online/mobile media/platforms.
The Emoji Games Charged Services are provided on a prepay basis. Emoji Games users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the Emoji Games Website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the Emoji Games Website.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. Your MINI-GAMES WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
The Content on the Emoji Games Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Emoji Games uses only content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required outside an Emoji Games document). Emoji Games reserves all rights not expressly granted in the Website and to the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Emoji Games Website or features that prevent/restrict use/copying of any content or enforce limitations on use of the Emoji Games Website or any of the content therein.
A. The Emoji Games Website permits the submission and uploading of content submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Emoji Games does not guarantee any protection with respect to such User Content.
B. YOU UNDERSTAND THAT ALL USER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT Your MINI-GAMES, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. Your MINI-GAMES DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
C. WHILE Your MINI-GAMES IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER CONTENT, Your MINI-GAMES RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT Your MINI-GAMES DEEMS, IN ITS SOLE DISCRETION, RACIST, HARMFUL, ABUSIVE, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON WITHOUT THE NEED OF PROVIDING ANY EXPLANATIONS.
D. Emoji Games does not claim any intellectual property rights over the User Content and any such content shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the Emoji Games Website. With respect to content you submit or make available for inclusion on publicly accessible areas of the Emoji Games Website, the content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display, and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Content (either by the user or by Emoji Games).
E. IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT Emoji Games AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE Your MINI-GAMES OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVES RISE TO CIVIL LIABILITY, VIOLATES ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) IMPERSONATES ANOTHER PERSON.
If you become aware of misuse of the Emoji Games Services by any person, please contact Emoji Games (according to the contact information in Section 23 below) or by email to: biz@brandedminigames.com.
Emoji Games does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Emoji Games expressly disclaims any and all liability in connection with User Content.
F. COPYRIGHT. Your MINI-GAMES DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND YOUR MINI-GAMES WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.
Emoji Games respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA"). If you believe that your work has been copied in a way that infringes your copyrights, please email us at biz@brandedminigames.com and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.
Repeat Infringer: Emoji Games reserves the right to remove content and User Content without prior notice. Emoji Games will also terminate a user's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice. Emoji Games also reserves the right to decide whether content or User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Emoji Games may remove such User Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
G. You understand that when using the Emoji Games Website, you will be exposed to User Content from a variety of sources, and that Emoji Games is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Emoji Games with respect thereto (if any), and agree to indemnify and hold Emoji Games, its owners/operators, affiliates harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:(a) harm minors in any way;(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;(c) upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;(e) "Spamming" to promote your Website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;(f) upload, post, email, transmit, or otherwise make available any material that 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; or(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;You agree to indemnify and hold Emoji Games harmless from any claims resulting from the use of the services which damages you or any other party. Emoji Games reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the material comprising the sites at any time. These investigations will be conducted solely for Emoji Games’ benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Emoji Games sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, Emoji Games may immediately shut down the site, and notify you of the action. You agree to waive any cause of action or claim you may have against Emoji Games for such action.
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You agree to immediately notify Emoji Games in writing of any unauthorized uses of your account or any other breaches of security. Emoji Games cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.You acknowledge and agree that under no circumstances will Emoji Games be liable, in any way, for any acts or omissions by any Emoji Games’ user or other third party, including any damages of any kind incurred as a result of such acts or omissions.
A. YOU AGREE THAT YOUR USE OF THE Your MINI-GAMES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Your MINI-GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Your MINI-GAMES MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE Your MINI-GAMES WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE Your MINI-GAMES WEBSITE.B. UNDER NO CIRCUMSTANCES SHALL Your MINI-GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 Your MINI-GAMES WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. C. YOU SPECIFICALLY ACKNOWLEDGE THAT Your MINI-GAMES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. D. Your MINI-GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Your MINI-GAMES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Your MINI-GAMES WILL NOT BE PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. E. Your MINI-GAMES DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. F. Your MINI-GAMES MAKES NO REPRESENTATIONS THAT THE Your MINI-GAMES WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE Your MINI-GAMES WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless Emoji Games, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Emoji Games Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, additionally (without limitation) any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Emoji Games Website.
Under no circumstances shall Emoji Games be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Emoji Games, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Emoji Games without restriction or limitations.
You agree that: the Emoji Games Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Emoji Games, either specific or general, in jurisdictions other than Switzerland. These Terms of Service shall be governed by the internal substantive laws of Switzerland, without respect to its conflict of laws principles. Any claim or dispute between you and Emoji Games that arises in whole or in part from the Emoji Games Website shall be decided exclusively by a court of competent jurisdiction located in Switzerland. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms of Use, together with the Privacy Policy and any other legal notices published by Emoji Games on the Website, shall constitute the entire Agreement between you and Emoji Games concerning the Emoji Games Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Emoji Games' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND Your MINI-GAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Your MINI-GAMES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
By registering to the Emoji Games Website and providing your email address, you expressly agree to receive promotional content from Emoji Games, by mail or email, from time to time. If you provide Emoji Games with your phone number (at any stage of use of the Services), Emoji Games shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify Emoji Games at any time.
To get in touch with our Customer Service - please use any of the options listed below:
This Privacy Policy describes how emojigames.io (together with affiliated companies – “Emoji Games” or “we”) collects and uses information, including the personal information, you provide on our Website www.emojigames.io (the “Website”). This Privacy Policy also describes the choices available to you regarding our use of your personal information and how you can access and update this information; and certain practices related to data that may be collected, used, or disclosed from web-based content that you create using Emoji Games and its Services (as such term is defined in Emoji Games Terms of Use).
If you have questions or complaints regarding our privacy policy or practices, please contact us at: info@emojigames.io or +41 (0)41 450 32 12.
By using or accessing Emoji Games, you accept the practices described in this Privacy Policy and our Terms of Use. By registering with the Emoji Games Website, this will include the use of your postal address, email address or mobile number to send you promotional content via email or SMS. If you do not wish to receive such promotional content, please follow the unsubscribe instructions or STOP instructions contained in the relevant communication.
This Privacy policy covers any and all actions on the Website. If you have questions or concerns regarding this policy, you should first contact our privacy staff at info@emojigames.io.
When you visit Emoji Games you provide us with two types of information: limited personal information and content you knowingly choose to disclose and/or post on the Emoji Games website. When you register with Emoji Games, you provide us with certain personal information, such as your name and contact information.
In addition, when you use Emoji Games, we may collect information about your use of the website in order to provide and improve our Services. For example, we or our third party utility-tracking partners may collect your browser type and IP address through log files. This information is gathered for all Emoji Games visitors.
Cookies and other tracking technologies
In addition, we or our third party partners may collect and store certain information from your browser using “cookies.” A cookie is a piece of data (a small file, with typical content of letters and numbers) stored or downloaded on a user’s computer or other device that can be tied to information about the browser’s activities on our website. Our cookies allow us to provide certain Emoji Games features. For example, we use cookies to keep track of user preferences, to conduct support and debugging, to understand the duration of user’s session, to save the countries from which users are accessing the Website, and to estimate and report our total audience size and traffic. Emoji Games also uses cookies to improve the content and services it provides to its users. By default, we use a persistent cookie that stores your login ID and password to make it easier for you to login when you come back to Emoji Games.
If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is also available at www.AboutCookie.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website.
We or our third party advertising partners may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us improve our site, for example to better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by clear gifs to our customers’ personal information if you choose to provide such information to us.
We use local shared objects, also known as flash cookies, to store your preferences or display content based upon what you view on our site to personalize your visit. Third parties, with whom we partner to provide certain features on our site or to display advertising based upon your web browsing activity, also use flash cookies to collect and store information. Flash cookies are different from browser cookies based on data amount and type, and based on how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn about privacy and storage settings for flash cookies that may be available, you can click here. Please note that Emoji Games does not provide this information and is not responsible for its accuracy.
Our third-party partners may have their own policies regarding how they collect and store information through the technologies discussed above. Specifically, the use of cookies by our tracking utility company is not covered by our privacy policy and we do not have access or control over these cookies.
As an Emoji Games user, your personal information may be maintained, processed and stored by Emoji Games, our affiliates, and our service providers in the United States or other jurisdictions. emojigames.io is based in Switzerland which is considered by the European Commission to be a country which offers an adequate level of protection for EU data. emojigames.io adheres to the Safe Harbor Privacy Principles developed by the U.S. Department of Commerce and the European Union (EU). The Safe Harbor program is intended to provide equivalent protections for personal data existing in the EU.
If you have any questions about our Safe Harbor participation, please contact us using the information below.
Regarding visitor information for websites built by Emoji Games users through its Website (“Users’ Visitors Data”), Emoji Games serves as a data “Processor” (due to the technical hosting thereof) and not as a data “Controller” (as both such capitalized terms are defined in the European Data Protection Directive). The users controlling and operating such websites shall be considered the controllers of such Users’ Visitors Data and are responsible for complying with all laws and regulations as may be applicable to the collection and control of such Users’ Visitors Data including privacy or data protection laws of all relevant jurisdictions. Emoji Games cannot provide legal advice to Users, but Emoji Games recommends that all Emoji Games users that create and maintain websites on the Emoji Games platform should maintain clear and comprehensive privacy policies complying with the applicable laws and regulations. Please see below for additional information on how Users’ Visitors Data may be handled in connection with your use of the Emoji Games Services which may require you to provide specific notice to and/or obtain consent from your users.
Should you sign up for Charged Services (as defined in the Terms of Use), we will require your billing information along with contact information such as your name, phone number and address in order to process the transaction and to collect the fees involved. We or our third-party vendors may store your billing information subject to applicable industry security standards.
We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties, but we may retrieve, save, share and make any use of the information, including without limitation use for analysis or statistics, which is compatible with providing our services to you. Emoji Games provides, as a main service, the ability to share created content with others.
We may provide information and/or personal user content to service providers to help us provide the Services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to provide you with our community blog, to send out email updates about Emoji Games, to remove repetitive information from our user lists, to process payments for products or services and to provide you with our live chat services. In connection with these business operations, our service providers may have access to your personal information and/or content. When you sign up for our Services, we will share your personal information as necessary for the third party to provide that Service. This will be done securely and confidentially and only to the extent permitted under applicable data protection laws.
We occasionally provide demonstrations of user created content that allow non-users a glimpse into the Emoji Games world. Such content is provided in a form which protects your content from any unauthorized editing and/or changing.
We may be required to disclose your personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards.
Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Emoji Games Service or using the Emoji Games name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
We may offer or provide Services jointly with other companies on Emoji Games such as when you purchase other Services of providers. In such case we shall provide clear disclosure of such third parties involved in providing such Service on Emoji Games, and in such case we shall be entitled to share customer information such as user ID with such third party in connection with your use of such joint Services.
In the event that the ownership of Emoji Games’ business shall change, including a change in ownership due to bankruptcy or a sale or transfer of assets, your user information may be transferred to the new owner so the Service can continue operations. You will be notified via email and/or prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
By registering to the Emoji Games Website and providing your email address, you expressly agree to receive promotional content from Emoji Games, by mail or email, from time to time. If you provide Emoji Games with your phone number (at any stage of use of the Emoji Games Services), Emoji Games shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content or notices, you may notify Emoji Games at any time or follow the unsubscribe or STOP instructions contained in the promotional communications which you receive.
Our Website may contain links to other websites. We are not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personal information. This Privacy Policy does not apply to such linked third-party websites.
Our Website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at: info@emojigames.io. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Accordingly, you should note post sensitive information or any information you would not want to be made public on these blogs or forums.
You post User Content (as defined in Emoji Games Terms of Use) on the site at your own risk. We cannot control the actions of other users or members of the public with whom you may choose to share your pages and content. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect information such as your IP address or which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.
If your personal information changes, or if you no longer desire our Service, you may correct, update, or deactivate it by emailing our Customer Support at info@emojigames.io. If you wish to access your personal information, please also email our Customer Support team at the address above. We will retain your information for as long as your account is active or as needed to provide Services to you. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Emoji Games takes precautions to protect its users’ information and content. We have reasonable physical, electronic, and procedural safeguards that are designed to protect your account information and uploaded content. However – regardless of the measures taken by Emoji Games, we cannot and do not guarantee the protection and security of your data, your site Visitors’ Data or any other User Content you post, publish, upload or otherwise share with Emoji Games, with your site visitors on your site or during your activities on the Website. When you enter sensitive information (such as a credit card number) on our order forms, these transactions are processed over an industry standard SSL/TLS connection, with a minimum of 1024-bit encryption. Because email and instant messaging are not recognized as secure communications, we request that you not send private information or data to us by email or instant messaging services. If you have any questions regarding the security of the Website, please contact us at info@emojigames.io.
We post customer testimonials on our Website which may contain personal information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to request the removal of your testimonial you may contact us at info@emojigames.io.
From time to time, we may provide you the opportunity to participate in contests or on our Website. If you participate, we will request certain personal information from you. Participation in these contests is completely voluntary and you therefore have a choice whether or not to disclose this information.
The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).
We use this information to notify contest winners and award prizes, to monitor site traffic and to provide notices to participants. Emoji Games may use third party service providers to conduct surveys or contests. We will not share the personal information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
We may partner with third party ad networks to either display advertising on our Website or to manage our advertising on other sites. Our ad network partners may use cookies and Web beacons to collect non-personal information about your activities on the Website and different web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may visit www.aboutads.info or www.youronlinechoices.eu to learn more and to opt out of this type of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. Please note this does not exclude you from seeing advertisements. You will continue to receive generic ads.
Your use of Emoji Games and its Services, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its general provisions including warranty disclaimer, limitation of liability, indemnity and choice of law. We may update this privacy policy to reflect changes to our information handling and storage practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Unless stated otherwise, our current privacy policy applies to all information that we have about you or any of your accounts in www.emojigames.io.
If you have any questions about this privacy policy, please contact us at info@emojigames.io.
You may also contact us by mail at: Emoji Games
c/o Emoji Games GmbH
Hirschengraben 31
6003 Luzern, Switzerland
