Mobile Application End User Licence Agreement

Mobile Applications End User Licence Agreement

 

1. INTRODUCTION

 

This End User Licence Agreement sets out the terms of licence and use that apply to those applications for use on mobile devices (such as mobile phones, tablets and other devices) that we make available for download from any third party application store (collectively, “Applications”).

 

The Applications are provided by GrumpNow Ltd trading as GrumpNow (we, us and our). We are a limited company, registered in England. Our registered company number is 11015630, and our registered office is at England & Wales at 71-75 Shelton Street, Covent Garden London, England, WC2H 9JQ.

 

Your submission of any Emojit via any Application is subject to our EmojitNow Terms and Conditions, which can be accessed from our website at www.emojitnow.com/termsandconditions.We advise that you print a copy of these terms and conditions for future reference. Use of any Applications themselves is subject to these terms and conditions. Use of your personal information submitted via any Application is governed by our Privacy Policy, which can be accessed from our website at www.emojitnow.com/privacypolicy.

 

We do not accept EmojIts from individuals under 17 years of age. If you are under 17 years of age, you are not permitted to submit EmojIts through any Application.

 

BY DOWNLOADING, ACCESSING, LOGGING IN AND/OR USING ANY APPLICATION, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.

 

In these terms, unless the context otherwise requires, all further references to “you” (and “your”, etc) means both you as an individual user and also your organisation (if any).

 

We reserve the right to change these terms from time to time by updating the relevant Application(s) and by changing these terms on the Website although no such change will affect any Application you have already downloaded. These terms were last updated on 24 June 2019.

 

2. ACCESS TO THE APPLICATIONS

 

Applications may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the Application concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any Application you wish to download and to access and use each downloaded Application.

 

You are responsible for the security of your password that you used to register with any Application.

 

We may, from time to time, restrict access to certain features, functions or content of an Application downloaded from any third party application store, to users who have registered with us, either through our website at www.emojitnow.com,  or through an Application. You are not obliged to register with us, but if you do not do so, you will not be able to use all the relevant features, functions or content of an Application downloaded from any third party application store (as the case may be). You must ensure that any registration details you provide are accurate.

 

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any Application or that any Application will perform at a certain speed (since this depends on a number of factors outside our control).

 

We reserve the right to withdraw or suspend the operation of any Application, or cease to provide and/or update content to any Application, with or without notice to you, if we need to do so, including, without limitation, for security, legal or business reasons.

 

3. WHAT YOU ARE ALLOWED TO DO

 

You may only use any Application for non-commercial, personal use and only in accordance with these terms, for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

 

Subject to the following sections, you may retrieve and display content from any Application on a computer or mobile device and store that Application in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of any Application and, where they apply, will be displayed before you access the relevant features, parts or content.

 

4. WHAT YOU ARE NOT ALLOWED TO DO

 

Except to the extent expressly set out in these terms, you are not allowed to:

 

  1. republish, redistribute or re-transmit any Application;
  2. copy or store any Application other than for your own non-commercial, personal use and as may occur incidentally in the normal course of use of your browser or mobile device;
  3. store any Application on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from any Application;
  4. remove or change any content of any Application or attempt to circumvent security or interfere with the proper working of any Application or any servers on which it is hosted;
  5. use any Application in a way that might damage our name or reputation or that of any of our affiliates; or
  6. otherwise do anything that it is not expressly permitted by these terms.

 

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

 

To do anything with any Application that is not expressly permitted by these terms, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of these terms.

 

5. THIRD PARTY APPLICATION STORES

 

Third party application stores are operated by the relevant third party service providers and/or its affiliates. We are not responsible for these stores or (with the exception of our Applications) for anything provided by them and do not guarantee that they will be continuously available.

 

6. INTELLECTUAL PROPERTY RIGHTS

 

All intellectual property rights in the Applications and in any content of any Application (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading any Application or any content from any Application.

 

All emoji icons are fully licensed from JoyPixels Inc to GrumpNow Ltd and are not transferable.

 

7. FUNCTIONALITY AND CONTENT

 

You agree that downloading, accessing and use of any Application that is made available for download free of charge are on an ‘as is’ and ‘as available’ basis and at your sole risk.

 

We reserve the right to change the design, features and/or functionality of any Application by making the updated Application available for download. You are not obliged to download any updated Application, but we may cease to provide and/or update content to prior versions of Applications.

 

Where an Application makes content available, you acknowledge that such content may be updated at any time.

 

Whilst we try to make sure that content made available by any Application consisting of information of which we are the source is correct, you acknowledge that certain Applications may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by any Application is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

 

8. WARRANTIES

 

Except as expressly set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of any Application and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of any Application.

 

  1. You acknowledge that:
    1. we do not confirm the identity of registered users or bona fides of registered users, or otherwise vet registered users;
    2. we do not check, audit or monitor the information contained in submissions;
    3. we are not party to the sale or purchase of any goods or services that may advertised on the Services, other than where access is bought to further data contained within the application; and
    4. we are not the agents for any registered users; and,
    5. accordingly we will not be liable to any person, whether acting as a registered user or otherwise, in relation to the sale or distribution of goods or services that may be advertised on the Services; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services by or from any third party and we will have no obligation to mediate between parties to any such contract.
    6. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the use of the Services (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
  2. We cannot and do not guarantee that any Application or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any Application and its content.

 

9. YOUR PERSONAL INFORMATION

 

Use of your personal information submitted to us via any Application is governed by our privacy policy, which can be accessed from our website at www.emojitnow.com/privacypolicy. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United Kingdom, United States, and/or other countries for storage, processing and use by GrumpNow and its affiliates.

 

10. EXTERNAL LINKS

 

Certain Applications may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

 

11. OUR LIABILITY

 

Nothing in these terms shall limit or exclude our liability to you:

(a) for death or personal injury caused by our negligence;

(b) for fraud or fraudulent misrepresentation; or

(c) for any other liability that may not, under English law, be limited or excluded.

 

Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall we be liable to you for any special, indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

 

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Services or these Terms. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

 

You agree to the publication of Emojits from you, by others, on the Services. You acknowledge that such Emojits may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such Emojits, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

 

12. GENERAL

 

You may not transfer or assign any or all of your rights or obligations under these terms.

 

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions.

 

If we fail to enforce any of our rights, that does not result in a waiver of that right.

 

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

 

These terms may not be varied except with our express written consent.

 

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.

 

These terms shall be governed by English law, and you agree that any dispute between you and us regarding them or any Application will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

 

13. CONTACTING US

 

Please submit any questions you have about these terms or any problems concerning any Application by email to hello@emojitnow.com, or write to us at: GrumpNow Ltd, 71-75 Shelton Street, Covent Garden London, England, WC2H 9JQ

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