Privacy Policy | Terms & Conditions



Privacy Policy

This privacy policy applies to information collected by Emoji Kong, LLC (“Company”, “we” or “us”), on our Emoji Remix mobile application or via our emojiremix.com website (collectively, the “Site” or the “App”). This document will outline our privacy practices, including how we collect and utilize information obtained, as they pertain to visitors to and users of our Site. It also describes the choices available to you regarding our use of your information and how you can opt-out of having your information collected. By using or accessing the Site, you consent to the terms of this privacy policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

Information Collection :

We may collect Personally Identifiable Information, such as your name, address, phone number, geolocation or e-mail address, as well as name, address, phone number, e-mail address and other information (collectively, “PII”) from the Site only when you choose to provide it to us. For example, you may choose to send us PII about yourself in an email. We use this information to contact you to respond to your inquiry and as otherwise permitted by this privacy policy.

Our Site may collect certain non-Personally Identifiable Information (“Non-PII”), such as your IP type, IP host address, ISP address, cookie IDs and segment IDs associated with cookie IDs, pages viewed and/or search terms entered, browser type, operating system, duration and frequency of visits, anonymous usage statistics including frequency of messaging and interaction with other users, clickstream data, downloads, anonymized demographic information such as age and gender, and other log file data. On mobile devices, we may also collect device type, make and model, operating system, carrier, user ID, similar device IDs, and information about the apps you use. Please note that we may use third party service providers, such as Google Analytics to help operate and provide services in connection with our Site and these third party service providers will collect Non-PII from our Site as well.

Information Usage

We use the Non-PII we collect through our Site for a variety of purposes, including to analyze interactions with and performance of our Site and to customize and improve the consumer experience. We may also use Non-PII data from third parties (such as data vendors) pursuant to their own privacy policies, and provide access to or share Non-PII with any number of third parties, including but not limited to business partners, affiliates and advertising clients. Similarly, we may enhance the Non-PII collected via our Site with Non-PII collected from our business partners.

We may use your PII, as provided by you through the Site, to contact and correspond with you and/or to respond to your inquiries. We do not sell your PII to third parties or mass marketers. We may disclose your information, including your PII, to third parties who are providing services on our behalf, as well as when we reasonably believe we are obligated to do so by law, and in order to investigate, prevent, or take action regarding suspected or actual prohibited activities, including but not limited to, fraud and situations involving potential threats to the safety of any person or property. In the event another company acquires all or most of our assets, all data compiled or owned by us may be among the items transferred in that transaction. In such event, all the data will continue to be governed by this privacy policy. Finally, please note that if you specifically consent to additional uses of your PII, we may use your PII in manner consistent with that consent.

Clickstream

As you use the mobile application, a trail of electronic information is left. This information, which is sometimes referred to as "clickstream data," can be collected and stored by an analytics application. Clickstream data can tell us the type of mobile device and software you use and the address of the website from which you linked to the Site. We may collect and use clickstream data to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our Site to better meet the needs of visitors. This information will be used to improve our Site and our services. Any collection or use of clickstream data will be anonymous, and will not intentionally contain any PII.

Security

We have undertaken and will undertake commercially reasonable efforts to prevent unauthorized Internet access to user data retained in our servers, however, due to the inherent open nature of the Internet, Company cannot ensure or warrant the security of any information provided online. We retain your PII, if provided by you through the Site, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. Even if we delete some or all of your PII, we may continue to retain and use aggregate, anonymous data previously collected and/or anonymize and aggregate your personal information. Please note that Company will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Links to Third Party Sites and/or Social Media Platforms

Our Site or advertisements we place may contain links to other websites or apps. Other websites or apps may also reference or link to our Site. Some of our third-party website or technology partners may place their own cookies and/or other data collection tools on your Internet browser; however, we have no access to or control over these cookies and/or other data collection tools. These other domains, websites and/or apps are not controlled by us. We encourage our users to read the privacy policies of each and every website and app that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or apps. Visiting these other websites or apps is at your own risk.

Our Site may also contain links to social media platforms, and you may be given the choice of connecting to one or more social media platforms from this Site. If you choose to do so, then depending upon your social media privacy settings, the personal information that you post, transmit, or otherwise make available on the social media platform may be viewed and/or used by others and we will have no control over such viewing and use. We do not control and are not responsible for any use of your PII by or through any of the social media platforms. By linking to any social media platform, you will be assuming the risk that the PII you provide on that platform may be viewed and/or used by third parties for any purposes and agree that we have no control or responsibility for such third party viewing and uses.

Information Relating to Children:

Our Site is designed for those 18 years of age and older. We do not knowingly collect information from anyone under the age of 13. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

Policy Modifications/ Opt-out:

We reserve the right, at our discretion, to modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use any data in a way that materially differs from this policy, we will post such changes here. We encourage you to periodically review the Site for the latest information on our privacy practices.

As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. Please note that cookie- based opt-outs are not effective on many mobile devices. However, on many mobile devices, application users may opt out of certain mobile ads and tracking via their device settings.

Site Terms of Use

Use of this Site is governed by, and subject to, the legal notices contained at the Terms of Use available at www.emojiremix.com. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

Comments and Questions

We use reasonable processes to ensure compliance with this privacy policy and periodically verify that the policy is accurate. To opt-out of any future promotional messages from us, if applicable, you should send an unsubscribe request to us at info@emojiremix.com. We will process your request within a reasonable time after receipt. However, we are not responsible for removing your PII from the lists of any third party who has previously been provided with your information in accordance with this Privacy Policy or your consent. We encourage you to raise any concerns using the contact information provided below, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information. You may also request access to your PII (if you have provided PII to us through the Site) and information about our collection, use and disclosure of that information by using the contact information provided below. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as is appropriate. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.

Via Email: info@emojiremix.com

United States of America

Our Site is maintained in the United States of America. By using the Site, you authorize the export of your information to the USA and its storage and use as specified in this policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

Effective Date: This privacy policy is effective and was last updated on 9/9/16.




Emoji Kong, LLC TERMS AND CONDITIONS

Welcome to the Emoji Remix mobile applicationand the emojiremix.com website (collectively, the “Site” or the “App”) This Site is maintained and operated by Emoji Kong, LLC (“Company”).

YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE.

Authorized Use of Site: This Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Company.

Unauthorized Use of Site: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another website or application. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Registration and Passwords: In order to access certain services on the Site, you may be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, including information collected via social media connectivity, please read our Privacy Policy, located at www.emojiremix.com

Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties who have authorized Company to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by Company.

No Ideas Accepted: Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Links: This Site may contain links to other websites or applications not maintained by Company. Other websites or apps may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps.

No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP- TO-DATE INFORMATION ON THE APP, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE APP. YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE APP, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE APP. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE APP, EACH OF WHICH IS

HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Site.

Changes: All information posted on the Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows: info@emojiremix.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

International Access: Our Site is provided from the United States of America. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Additional Terms for Users of Apple Devices

If you have downloaded the App via the iTunes Store, the following shall apply: You acknowledge and agree that these Terms and Conditions are solely between you and us, not Apple, and that Apple has no responsibility for the Services. Your use of the Services must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Terms and Conditions and any law applicable to us as provider of the App. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Terms and Conditions. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Terms and Conditions as relates to your license of the App, and that, upon your acceptance of the terms and conditions of this Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms and Conditions as relates to your license of the App against you as a third party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law. The laws of the State of Texas shall govern these Terms and Conditions. YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE APP OR THESE TERMS OF USE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS OF USE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK.

FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS OF USE AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS OF USE, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN TEXAS.

ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE APP MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU. EACH CLAIM SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.

Questions: Should you have any questions regarding these Terms and Conditions you may contact us at info@emojiremix.com.

These Terms and Conditions are effective and were last updated on September 9, 2016.