Last Updated 24 June 2019
EmojitNow Terms and Conditions
EMOJITNOW APP AND WEBSITE TERMS AND CONDITIONS, IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions (“Website Terms”) on which we, GrumpNow Ltd (“we”, “our” or “GrumpNow” and “EmojitNow”), provide access to our app and website https://www.emojitnow.com through which you submit ‘EmojIts’ (i.e. emoji based reactions to Items) (together, “the Website”). Please read these Website Terms carefully before submitting any Emojits through the EmojitNow app. By logging in and submitting Emojits through the app (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
These Website Terms govern your access to and use of our services, including our mobile application (“mobile app”; “app”), website, SMS, APIs, notifications, applications, buttons, widgets, ads, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
By accessing any part of the Website and using the Services, you agree to be bound by these Terms. If you disagree with these Terms or any part of these Terms, you must not use our Services and you should leave the Website immediately, and you should not submit any EmojIts through the app.
You may use the Services only if you agree to form a binding contract with GrumpNow Ltd and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services, and by using our Services and by agreeing to these Terms you warrant and represent that you are at least 17 years of age.
If you are accepting these Terms and using the Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://www.emojitnow.com and any EmojitNow mobile app, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).
TERMS AND CONDITIONS OF USE
1. INTRODUCTION AND OUR ROLE
- Company details: GrumpNow Ltd is a company registered in England and Wales with registered company number 11015630, whose registered office is at GrumpNow Ltd, registered in England & Wales at 71-75 Shelton Street, Covent Garden London, England, WC2H 9JQ.
- EmojitNow: We provide a way for you to communicate your emotional reaction (“Emojits”) to services or products that you have received, experiences that you have had, or public figures (“Items”) displayed on the Website.
2. WEBSITE ACCESS AND TERMS
- Website access: You may access some areas of the Website without submitting an Emojit or registering your details with us. Some areas of the Website are open to everyone, even if you have not logged in to the app or Website.
- Acceptance of terms: By downloading and logging in any part of the app or Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to submit any Emojits through the Website.
- Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you submit an Emojit through us.
- Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS
Capacity and age: By placing an Emojit through the Website, you warrant that:
- You are at least 17 years old.
- You are bound by paragraphs 4 to 8 below (Submissions, How to Submit an Emojit, Content, Cyber Bullying and Appropriate Use).
- In these Terms, “your submissions” means all Content that you submit to the Services as part of a “Emojit”, or that you submit to the Services using any other mobile application feature.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
- Your submissions must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
- Your Submissions (and their publication on the Services) must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy, or right under data protection legislation;
- constitute negligent advice or contain any negligent statement
- constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be pornographic or sexually explicit
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
- You must not use the Services to link to any mobile application or website consisting of or containing Content that would, were it posted on the Services, breach the provisions of these Terms.
- You must not submit to the Services any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- We reserve the right to edit or remove any Content submitted to the Services, or stored on our servers, or hosted or published upon the Services.
- Notwithstanding our rights under these Terms in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on the Services.
5. HOW TO SUBIMT AN EMOJIT
- Submitting an EmojIt: once you have found your Item in the search bar, you can select the relevant Emoji and the reasons for that Emoji from the categories offered on the Website. You can then submit as many Emojits as you wish, though exactly the same Emojit (i.e. the same Item, emoji and Reason) can only be submitted once per hour.
- You will have the opportunity to identify and correct input errors prior to making your submission.
- Emojits submitted to the Services must constitute bona fide emotional reaction that is true, fair and accurate in all respects.
- Emojits submitted to the Services must not constitute an advertisement for any product or service that:
- breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;
- consists of or contains Content that would, if published on the Services by you, contravene the provisions of paragraphs 4, 6, 7 and 8;
- Emojits that are submitted will be automatically processed following receipt.
- Without prejudice to our other rights under these Terms, we reserve the right to reject or delete Emojits that in our reasonable opinion breach these Terms or do not, in our reasonable opinion, meet the additional guidelines for submissions published on the Services. If we reject or delete a submission on this / either basis, we will not refund any applicable charges.
- If we accept your Emojit then, it will remain published on the Services subject to termination or deletion in accordance with these Terms.
- We will not file a copy of these Terms specifically in relation to each submission and, if we update these Terms, the version to which you originally agreed will no longer be available on the Services. For this reason, we recommend that you print and file a copy of this User Agreement for future reference.
- If the Item is not listed in the list of existing Items, you can search for that Item in the Search bar, and then submit your Emojit. EmojitNow will – at its absolute discretion – approval or decline such new Item submission, and is not required to provide any reason for any such approval or decline decision.
- Amending or cancelling your Emojit: Once you have submitted your Emojit you may amend or delete such Emojit. GrumpNow also may remove such Emojit at its absolute discretion if it is deemed to be against these Terms and Conditions, and in particular in reference to paragraphs 4, 6, 7 and 8 of these Terms and Conditions.
- Our website allows you to post Emojits (“Content”) on the app. You are responsible for the Emojits that you post, including compliance with applicable laws, rules, and regulations. You should only submit Content that you are comfortable making public.
- Any use or reliance on any Content published on EmojitNow or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications published by the Services or endorse any opinions expressed via the Services or third party services (e.g. Facebook, Twitter).
- All Content is the sole responsibility of the person who originated it. We do not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
- By agreeing to these Terms, you agree that you will not submit Emojits or use, screenshot, or edit any content from EmojitNow that could be deemed offensive or in any way be considered as cyber-bullying to either a company, entity, or an individual.
- Should any Emojit, or use of the Content on EmojitNow be deemed by us, in our sole discretion, as inappropriate (for example, but not limited to, if it is about a person and could be reasonably be deemed a form of cyber bullying), then we reserve the right at our own discretion to take all or any of the following actions: i) remove such Emojit submitted by that User, ii) remove that Item or person to which the Emojit refers from the listings in the app, iii) block the User from using the app going forward until further notice. We accept no liability to you, or any third party, for any Emojit that is deemed to be offensive.
7. CYBER BULLYING
- We welcome the use of EmojitNow and the submission of Emojits, for the submission of emotions that users have experienced.
- The app is intended to be fun and to provide insight about the emotions experienced and is in NO WAY to enable the cyber bullying of non-public individuals. As such, the Items include TV shows, films, festivals, shops and restaurants, places (for example, but not limited to towns, cities, tourist attractions), businesses and corporate entities, and only approved individuals that are directly in the public eye (for example, but not limited to, professional sports people, actors, TV personalities and politicians).
- Users are able to submit Emojits on new Items through the ‘Search bar’ (either entities or individuals), and we absolutely retain our right to accept or reject such proposal at the time of submission, and to review this in our sole discretion on an ongoing basis.
- Should any User wish believe they, or someone else, is subject to cyber-bullying through EmojitNow, they should email us on email@example.com us to take the appropriate action.
8. APPROPRIATE USE
- You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any Content which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Services without our express written consent.
- You must not use data collected from the Services to contact individuals or companies or other organisations for any reason (other than for the purpose of a bona fide response to an Emojit).
- You must not use data collected from the Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
9. CUSTOMER CARE
- General: Customer care is extremely important to us. Our team will therefore try to assist you where possible if you have any problems with your use of the Website, or submission of an Emojit. You can contact our Customer Care team by clicking or selecting the “Help” or “Feedback” or similar button on the Website, or by emailing firstname.lastname@example.org.
- Complaints or feedback: In the event that you are dissatisfied with the Website please contact the Service via the Website to reflect your experience, or email us directly on email@example.com. Such feedback is an important part of our quality control process.
- Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
- You must not misuse the Website (including by hacking or \”scraping\”).
- Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation any graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with these Terms prohibited.
- You must not modify the digital or paper copies of any materials that you print off in accordance with these Terms you must not use any other graphics, video or audio sequences separately from any accompanying text.
- You must ensure that our status as the author of the material on the Website is always acknowledged.
- You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
- You must not:
- republish Content from the Services (including republication on another mobile application or website);
- sell, rent or sub-license Content from the Services;
- show any Content from the Services in public;
- edit or otherwise modify any Content on the Services;
- reproduce, duplicate, copy or otherwise exploit Content on the Services for a commercial purpose; or
- redistribute Content from the Services except for content specifically and expressly made available for redistribution (such as our newsletter).
- Limitation on use: Except as stated in paragraph 10.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
- All emoji icons are fully licensed from JoyPixels Inc to GrumpNow Ltd and are not transferable.
- Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
11. WEBSITE ACCESS
- Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
- Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
- Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
12. LINKS TO AND FROM OTHER WEBSITES
- Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
- Linking permission: You may link to the Website’s homepage (www.emojitnow.com), provided that:
- you do so in a fair and legal way which does not damage or take advantage of our reputation;
- you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
- any website from which you link must comply with the content standards set out in these Website Terms (in particular section 4);
- we have the right to withdraw linking permission at any time and for any reason.
- These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
- Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
- Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
- General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
- Exclusion of liability: We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Limitation of liability: Subject to exclusions under English law, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100, whichever is lower.
- Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
15. BREACH OF THESE TERMS
- Without prejudice to our other rights under these Website Terms, if you breach these Website Terms in any way, or if we reasonably suspect that you have breached these Website Terms in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to the Website;
- permanently prohibit you from accessing the Website;
- block computers using your IP address from accessing the Website;
- contact your internet services provider and request that they block your access to the Website;
- bring court proceedings against you for breach of contract or otherwise;
- delete and/or edit any or all of your submissions; and/or
- suspend and/or delete your account with the Website.
- Where we suspend or prohibit or block your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by text or in app message) if we believe in our sole discretion that:
- you have used the Website in breach of paragraph 10.1 (License);
- you have posted Emojits or other Content contrary to paragraphs 6, 7, or 8 (Content, Cyber Bullying, Appropriate Use);
- you have breached paragraph 12 (Links to and from other websites); or
- you have breached any other material terms of these Website Terms.
- Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
17. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or submitting Emojits via the Website, you accept that communication with us will be mainly electronic. We will contact you by in-app message or text message or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
From time to time we may run competitions, free prize draws and/or other promotions on the Services. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
20. ADDITIONAL TERMS
- Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
- No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
- Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
- Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
21. GOVERNING LAW AND JURISDICTION
- These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.