The following terms and conditions (the "Terms") govern Your (“You “ or “Your”) use of the "Emotiki" mobile application and the website located at www.emotiki.com (collectively, the "Service"). The Service is provided to You by Te Puia. ("Te Puia", "Us", "We, or "Our"). The Service is subject to Your acceptance and approval of all the Terms without modification. By using or accessing any part of the Service, You are agreeing to adhere to all of the Terms. If You do not agree to all of the Terms, please do not continue to access the Service.
Te Puia reserves the right, at its sole discretion, to modify, add or replace the Terms, or any part thereof, at any time (the “New Terms”). The New Terms will immediately come into effect when uploaded to the Service. The New Terms will supersede any previous version of the Terms. Your continued use of the Service after the New Terms have been uploaded shall be deemed to constitute acceptance of the New Terms by You.
You hereby certify to Te Puia that You are at least 18 years of age. If You are under 18 years of age or if You are in a jurisdiction where 18 is not the legal age of consent to contract, You represent and warrant that You have all necessary authorizations and permissions from an appropriate legal guardian. You also certify that You are otherwise legally permitted to use the Service.
The Service is a community for users to discover, share and request the Emotiki® emoji icons. The Service also includes a store with Emotiki® merchandise for sale.
Through Your use of the Service, You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for any commercial purpose; (iv) remove or obscure any proprietary notices on the Service; (v) use the Service for any unlawful purpose; (vi) access any of Te Puia’s product or service not explicitly permitted by these terms; (vii) interfere or disrupt the Service in any way; or (viii) access the Service via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers.
All the content available via the Service including but not limited to the designs, text, graphics, logos, icons, buttons, the software, registered and unregistered trade marks and service marks (the “Intellectual Property") are owned by Te Puia, or third party holders who have duly authorized inclusion in the Service. The Intellectual Property is protected by copyrights, trade marks, service marks, patents, trade secrets or other proprietary rights and laws. You agree that You gain no proprietary rights to the Intellectual Property through Your use of the Service. Except as expressly authorized by Te Puia in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content.
The Service permits You to submit ideas to Te Puia for the Emotiki® app. You hereby agree that if Te Puia creates an Emotiki® emoji based on Your submitted idea (“New Intellectual Property”), the New Intellectual Property will be owned by Te Puia. You agree to do all things and sign all documents to give effect to Te Puia’s ownership in the New Intellectual Property. You will not acquire a licence to the New Intellectual Property and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the New Intellectual Property.
Limitation of Lability
Te Puia makes no warranties whatsoever in relation to the Emotiki® emojis except as required by law.
Te Puia excludes any and all liability for use of the Service and in no event will Te Puia be liable for any indirect, special, incidental or consequential damages arising out of the Terms or the use or inability to use the Service. The sole remedy will be to cease the use of the Service. You acknowledge and agree to Te Puia’s disclaimer of liability and if You do not agree You will cease to access and use the Service.