Terms of Service
1. Your Acceptance
2. Amojee Service
These Terms of Service apply to all users of the Amojee Service. Information provided by our users through the Amojee Service may contain links to third party websites that are not owned or controlled by Amojee. Amojee has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Amojee will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Amojee shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Amojee Access
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Amojee with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Amojee may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Amojee to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We DO NOT collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the messages that you submit and that are displayed for your mobile phone number on the Amojee Service. You must notify Amojee immediately of any breach of security or unauthorized use of your mobile phone. Although Amojee will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Amojee or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Amojee servers in a given period of time than a human can reasonably produce in the same period by using a Amojee application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Amojee grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Amojee reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Amojee clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Amojee Service along with Amojee created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Amojee, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Amojee reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
5. User Content
The Amojee Service allows Amojee users to create and exchange messages using user-generated emojis as well as text, profile photos and other communications submitted by you (collectively, the "Submissions"). Emojis that you create (“Your Emojis”) may be hosted, shared, and/or published as part of the Amojee Service, and are intended to be visible to and usable by, other users of the Service. For clarity, direct messages, location data and photos or files that you send directly to other Amojee users will only be viewable by those Amojee user(s) or group(s) you directly send such information; but Your Emojis may be globally viewed by Amojee users. Do not submit or post Your Emojis that you don’t want to be seen globally. As clarified in the following section, you retain your ownership rights in Your Emojis. You understand that Amojee does not guarantee any confidentiality with respect to any Submissions.
You shall be solely responsible for Your Emojis and your other Submissions and the consequences of posting or publishing them. Amojee makes no guarantees as to the validity or legal status of any emojis created and posted by users. In connection with Your Emojis, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Amojee to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Emojis and your other Submissions to enable inclusion and use of Your Emojis in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Emojis and your other Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Emojis and your other Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in Your Emojis and your other Submissions, but you have to have the rights in the first place. However, by submitting Your Emojis to Amojee, you hereby grant Amojee a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, disclose, display, and perform Your Emojis in connection with the Amojee Service and Amojee's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Amojee Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Amojee Service a worldwide, non-exclusive, royalty-free, non-exclusive license to use, distribute and display Your Emojis through the Service.
In connection with Your Emojis and your other Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Amojee all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Amojee or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
Amojee does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Amojee expressly disclaims any and all liability in connection with Submissions. Amojee does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Amojee will remove all content and emojis if properly notified that such content or emojis infringe on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act):
(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 site are covered by a single notification, a representative list of such works;
(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 the service provider to locate the material, including the mobile phone number of the Amojee user allegedly infringing the copyrighted work;
(iv) Information reasonably sufficient to permit the service provider 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.
Such takedown notices may be emailed to [support] at Amojee.com. Amojee reserves the right to remove Your Emojis and your other Submissions without prior notice. Amojee may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had emojis removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Amojee employees, agents or subagents. Amojee also reserves the right to decide whether content or an emoji is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Amojee may remove such emojis and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the Amojee Service you will be exposed to emojis and content from a variety of sources, and that Amojee is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such emojis and content, and that such emojis and content are not the responsibility of Amojee. You further understand and acknowledge that you may be exposed to emojis and content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Amojee with respect thereto, and agree to indemnify and hold Amojee, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Amojee Service.
Amojee permits you to use the Service for personal purposes only. Amojee reserves the right to discontinue any aspect of the Amojee Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AMOJEE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AMOJEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. AMOJEE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AMOJEE SERVICE. AMOJEE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AMOJEE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER EMOJI OR OTHER ADVERTISING, AND AMOJEE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
You agree to defend, indemnify and hold harmless Amojee, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Amojee Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of Your Emojis or your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Amojee Service.
9. Ability to Accept Terms of Service
You affirm that you are either 18 or more years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Amojee Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Amojee Service. You further represent and warrant 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. Amojee is the developer of the Service, with an address at 349 Cobalt Way, Sunnyvale, CA 94085 info at Amojee.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Amojee without restriction.
You agree that: (i) the Amojee Service shall be deemed solely based in California; (ii) the Amojee Service shall be deemed a passive server that does not give rise to personal jurisdiction over Amojee, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Any claim or dispute between you and Amojee that arises in whole or in part from the Amojee Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Amojee's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Amojee reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised terms, your only recourse is to discontinue the use of the Amojee Service. Your continued use of the Amojee Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND AMOJEE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AMOJEE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Information Amojee Collects
Amojee may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Amojee when choosing to participate in various uses of the Amojee Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the Amojee Service, Amojee will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Amojee users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
Cookies Information: When you visit the Amojee Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Amojee uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Amojee Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Amojee Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Amojee Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information Amojee Does Not Collect
Amojee does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the Amojee mobile application will associate whatever name the Amojee user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on Amojee’s servers and is not transmitted to Amojee. This means that if you have your friend’s mobile phone number associated with the name “Shakespeare” in your mobile address book, that’s the name that will appear for that mobile phone number in your Amojee contact list.
We do not collect location data, but users may voluntarily share their location with other users via the Amojee Service. The contents of messages that have been delivered by the Amojee Service are not copied, kept or archived by Amojee in the normal course of business. The Amojee Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be an Amojee user), if that recipient is online. If the recipient is not online, the undelivered message is held in Amojee’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Amojee — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option).
Notwithstanding the above, Amojee may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Amojee is legally compelled to collect. Files that are sent through the Amojee Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
The Way Amojee Uses Information
If you submit Personally Identifiable Information to us through the Amojee Site, or Amojee Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Amojee Site and Amojee Service. In particular, your mobile phone number is essential to your use of the Amojee Service and will be retained.
Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with Amojee. Any Personally Identifiable Information or status content that you voluntarily disclose on the Amojee Service becomes publicly available and may be collected and used by other users of the Amojee Service (unless such user is blocked by you).
Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users when you update your status messages through the Amojee Service and other users may contact you through the Amojee Service.
We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Amojee Site or Amojee Service changes or for customer service purposes).
We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Amojee Site and Amojee Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.
When Amojee Discloses Information
Other users of the Amojee Service may see your emojis in a way that is consistent with the use of the Amojee Service. We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Amojee Service.
We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Amojee Site.
We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.
Amojee also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Amojee believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Amojee Site or our servers, and to protect the rights, property, or personal safety of Amojee, our users or others.
Our Commitment To Data Security
Amojee uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Amojee and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Amojee Service is never recommended. Once we receive your transmission of information, Amojee makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Amojee learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Amojee may post a notice on the Amojee Site or through the Amojee Service if a security breach occurs.
Our Commitment To Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, Amojee does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Amojee Site or Amojee Service from persons under 18 years of age, and no part of the Amojee Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the Amojee Service or access the Amojee Site at any time or in any manner. If Amojee learns that Personally Identifiable Information of persons under 18 years of age has been collected on the Amojee Site or Amojee Service, then Amojee may deactivate the account and/or make the status submissions inaccessible.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
If Amojee is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and Updates to this Privacy Notice