PIDGINMOJI TERMS OF USE

Introduction

Effective date: December 1, 2017

It is important that you have lots of fun while using Pidginmoji and we want to ensure that you are fully aware of your rights and obligations.  This notice describes those details in our Terms of Use (“Terms”) of Bitmapps LLC, the parent company for "Pidginmoji" (referred to as "we", "us","our" or related pronouns). These Terms apply to the Pidginmoji app(s) and http://Pidginmoji.com - collectively called "Pidginmoji" (also referred to as the “Service”) and any software provided on or in connection with Pidginmoji.  By using the Service, you agree to be bound by these Terms.  Please do not use our Service if you do not agree to these Terms. These Terms apply to all users, visitors and anybody else who accesses the Service on any platform (collectively called “Users”). By using the Service, you agree that Pidginmoji is a platform that allows you to post content - which may include written messages, photos, illustrations, videos, comments and other materials - collectively called a “Message” or “Messages”. We may update these Terms at our discretion at any time.  If changes are made, a notification will be made on the Service and/or the “Last Updated” date above will be updated.  Your continued use of our Service signifies that you agree to the latest Terms.  Please do not continue to use our Service if you do not agree to these amended Terms.

General terms

Pidginmoji licenses you to use their software provided by its parent company, Bitmapps LLC, in a royalty-free, non-exclusive, non-assignable, worldwide and personal manner.

You are fully responsible for your use of the Service, any Messages that you post using the Service and the consequences thereof.  The Messages you create will be viewed by others.  Under these Terms, you should only be creating Messages that you are comfortable with others seeing.

Your use of the Service is a binding contract signifying your agreement to these Terms.  You may not use the Service if you are barred from receiving services under United States law or any other applicable jurisdiction.  You are permitted to use the Service with your compliance of these Terms and all applicable local, state, national and international laws and regulations.  If you are using the Service on behalf of a client, business, organization, government or other legal entity, you are asserting that you authorized to do so.

The Service may include advertisements targeted to Users based on Messages, queries on the Service or other information.  The frequency of the ads and the types of ads are subject to change without prior notice.  By using the Service, you are giving your consent to view advertisements provided by Pidginmoji and its partners and/or third party providers based on information such as Messages (sent or posted by you or by your connections).

The Service is constantly evolving and being updated with new features and functionality.  We reserve the right to limit or cease (permanently or temporarily) the Service as a whole or features of the Service at any time without prior notice.

Users must adhere to the following Terms:

• You must not send or post any violent, self-harming, illegal, hateful, pornographic, derogatory or discriminatory content (including but not limited to written messages, photos, videos, illustrations, comments etc.).

• You must not create accounts on the service through unauthorized means such as bots or scrapers.

• You are not allowed to access or retrieve any Messages or any other content within the Service through automated means such as crawling or caching.

• You are not allowed to use the Service to spam other Users with unsolicited promotional/harassing Messages or comments.

• You are not allowed to create or modify a different Service to falsely imply that it is related to Pidginmoji.

• You are not allowed to modify or alter the Pidginmoji service in any way.

• You are not allowed to disrupt, discontinue or interfere with the Service, its network and servers.  You agree to not hinder the Service by transmitting worms, viruses, spyware, malware or anything else that is intended to be malicious.

• You are fully responsible for any and all activity that occurs on your account.  You agree to not transfer, sell, license or assign your account, contacts or account rights.  The exception to this rule is if you are expressly authorized to create and utilize an account on behalf of a company or client.

• You must comply with all laws, rules and regulations (local, state, national, international) as you use the Service.  This includes copyright laws.

• You must not prevent other users from using or enjoying the Service.

• You agree that you are solely responsible for any interaction you have with other Users of the Service (within the service and outside of the Service).  You agree that Pidginmoji is not responsible in any way for the behavior of any User.

• You must keep your login credentials to yourself and ensure that your account is fully secure.

• You must not allow other people to use your device(s) and use your account on the Service.

• You must not use or solicit the login credentials of any other User.

• You agree that Pidginmoji has the right to monitor interactions between you and other Users and acknowledge that Pidginmoji may become involved in certain cases such as a dispute.

• You must not use the service to release any private or confidential information about yourself or others including but not limited to social security numbers, non-public email addresses, credit card numbers and non-public phone numbers.

• You are not allowed to use the Service to harass, stalk, intimidate, bully, impersonate or threaten any people or legal entities.

• You must be at least 13 years of age to use this Service.

• You are responsible for all data charges you incur through your use of the Service.

• We may, but have no obligation to, delete, edit and/or monitor User accounts, Messages or any other content on the Service if anything violates these Terms of Use (based on our sole discretion).

If you violate any of these Terms, we reserve the right to terminate your account without any prior notice.  You fully understand that you, and you alone, are 100% responsible for the Messages and content you send or post.  Pidginmoji is in no way responsible for any of the content (including but not limited to written messages, photos, videos, illustrations, comments etc.) sent or posted by our Users.  If you cancel your account or it is terminated, all of the rights granted to you in these Terms of Use will cease immediately.

Acceptance of the Pidginmoji Terms of Use

If you do not agree with any of the Terms listed here, please discontinue your use of the Service.  Your continued use of the Service expresses your explicit agreement to these Terms in their entirety.

We reserve the right to modify, update or change these Terms of Use (including the addition or deletion of portions of the Terms) at our sole discretion and without any notice.  Please visit these Terms of Use on a regular basis in order to stay abreast of the updates and review the most current Terms.

Your continued use of the Service signifies that you agree to the  most current version of the Pidginmoji Terms of Use.

"As is" statement

Please note that the Service is available "AS IS”.

Your use of the Service is completely at your own risk and with the understanding that the Service is provided to you “AS IS”.

The Service makes no warranty and disclaims all responsibility and liability for:

• The accuracy, timeliness, completeness or security of the Service or Messages (including but not limited to written messages, photos, videos, illustrations, comments etc.).

• The failure to send or store any Messages on the Service or the deletion of those messages.

• Any harm to your computers, mobile devices or any other hardware/software (including loss of data) as a result of using/accessing the Service/Messages. There is no guarantee that Service will be error-free, uninterrupted or fully secure.

Mobile notice

The Service is available to download on mobile devices. Your carrier’s rates and fees for data charges will apply.

By downloading for the Service, you are consenting and giving all rights necessary to allow the sending and receiving of Messages.

User requirements

The Service is meant for Users who are 13 or older.  Any person under the age of 13 is strictly prohibited from using the Service.

If you are between the ages of 13 and 17, you must be an emancipated minor or possess parental or legal guardian consent.  Your use of the Service is an acknowledgment that you and your parent or legal guardian are fully capable of understanding and agree to the conditions, rules, obligations, warranties, and affirmations in these Terms.

If you are 18 years or older, you submit that you are fully capable of understanding and agree to the conditions, rules, obligations, warranties, and affirmations in these Terms.

Users are not allowed to have more than one Pidginmoji account.

Users who are removed or suspended from the Service are not allowed to register a new account. We may refuse to provide the Service, or any portion thereof, to any Users at our sole discretion.  

We also reserve the right to block you from the Service and prevent you from utilizing the service in the future.

Copyrights and trademarks

You are not allowed to infringe upon the copyrights or trademarks of others in your Messages or any other content (including but not limited to written messages, photos, videos, illustrations, comments etc.) within the Service.  In compliance with the DCMA (Digital Millennium Copyright Act), we may delete or restrict any content that violates their guidelines or other applicable laws when notified.  Users who are repeat offenders may have their accounts terminated and be banned from the Service.  We reserve the right to delete any content or terminate any accounts at our sole discretion and without any liability to you.  Please be respectful of other’s copyrighted and trademarked work.

If you believe your copyrighted or trademarked work is appearing on the Service without your permission, please file a complaint with the requirements of 17 U.S.C. § 512(c)(3) by contacting us at:

Bitmapps LLC Attn: Pidginmoji Copyright Agent
28630 Coloma Ct.
Santa Clarita, CA 91390
- OR -
Email: Contact@Pidginmoji.com (Subject: DCMA)

In your communication, please include:

• Your full name, address, phone number and email address.

• Details of the copyrighted or trademarked work being infringed.

• Proof of the copyrighted or trademarked work on the Service and a reasonable way for us to locate the work.

• A statement, under penalty of perjury, that all the information you are providing is accurate and that you are the copyright or trademark owner or legally authorized to represent the owner.

• A statement of your belief that the use of the work in question is not authorized by the owner of the copyright or trademark.

• A signature of the copyright or trademark owner or the person legally authorized to represent the owner.

The Service and Bitmapps LLC, the parent company for "Pidginmoji”, also have original original content and material that are protected legally.  We respect the intellectual property of others and ask that Users of this Service do the same.

International notice

International Users should be aware that the Service is hosted in the United States.  If you are using the Service from anywhere outside of the United States of America that has personal data laws that differ from U.S. laws, please be aware that your continued use of the Service means that you are transferring your personal data to the United States.  Your continued use of the Service also means that you consent to the transferring and processing of your personal data to the United States.

You should not use the Service if you live in an area that prohibits receiving services or software from the United States or if you live in a country embargoed by the United States.

The software provided by the Service may be subject to export controls under U.S. laws.  As such, no software from the Service should be exported or downloaded from locations that are embargoed by the United States or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

We reserve the right to limit or prohibit the availability of the Service to any person, region, jurisdiction or country at our sole discretion.

Feedback

We welcome your feedback as we work to improve upon and add features to our Service.

You agree that all of your feedback (including but not limited to ideas, suggestions, complaints) that you provide through email, mail, phone calls or other means is non-confidential and becomes the sole property of Bitmapps LLC, the parent company for "Pidginmoji”.  We may use that feedback in any way we choose, in advertising or otherwise, without your permission and without acknowledging or compensating you.  If you send us ideas for the Service such as product features, you should not expect to be paid or credited for your ideas.

Ending Terms

You can end your legal agreement with Bitmapps LLC, the parent company for "Pidginmoji”, at any point by ceasing use of the Service.  

We may deactivate your account on your behalf if you discontinue use of the Service for a prolonged period of time without out deleting your account. We may block or terminate your account at any time at our sole discretion for any reason, including, but not limited to the following reasons:

• If you violate the letter or spirit of the Terms of Use.

• If you create a legal issue with the Service or its parent company: Bitmapps LLC.

• lf you create, send or post Messages or any other content that is obscene, racist, threatening, pornographic, abusive or offensive in any way.

If any section of these Terms of Use are deemed unlawful or unenforceable, then that section of the Terms is severable and does not invalidate the remainder of the Terms.  The remainder of the Terms are still lawful and enforceable.

If Bitmapps LLC, the parent company for "Pidginmoji”, fails to enforce any of these Terms, that does not make these Terms invalid.  This section of the Terms does not limit Bitmapps LLC’s rights to update, modify, limit or end the Service at our own discretion and without notice.

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