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TERMS OF SERVICE

Last updated: April 29, 2025

AGREEMENT TO OUR LEGAL TERMS

Welcome to EmojiBob (“Company,” “we,” “us,” or “our”). We operate the website emojibob.com (the “Site”) and any related products and services (collectively, the “Services”).

By accessing or using the Services, you (“**you” or “your”) agree to be bound by these Terms of Service (“Legal Terms”). If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity, and “you” shall include such entity.

You may contact us at [email protected].

Supplemental terms and conditions or documents posted on the Services from time to time are incorporated herein by reference. We reserve the right to amend these Legal Terms at any time. Changes are effective as of the “Last updated” date above. Your continued use of the Services means you accept the revised Legal Terms.

Minors. If you are under the age of eighteen (18), you must have your parent or guardian read and agree to these Legal Terms before you use the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. Prohibited Activities
  5. User‑Generated Contributions
  6. Contribution License
  7. Third‑Party Websites & Content
  8. Services Management
  9. Privacy Policy
  10. DMCA Notice & Policy
  11. Term & Termination
  12. Modifications & Interruptions
  13. Governing Law
  14. Dispute Resolution
  15. Corrections
  16. Disclaimer
  17. Limitations of Liability
  18. Indemnification
  19. User Data
  20. Electronic Communications, Transactions & Signatures
  21. California Users & Residents
  22. Miscellaneous
  23. Contact Us

1. OUR SERVICES

The Services are intended for users worldwide. You are responsible for compliance with local laws that apply to you. The Services are not designed to comply with industry‑specific regulations (e.g., HIPAA, FISMA, GLBA). Do not use the Services in a manner that would require us to comply with such regulations.

2. INTELLECTUAL PROPERTY RIGHTS

Our Content and Marks

The Services, including all source code, databases, software, designs, text, photographs, graphics, audio, video, and trademarks (collectively, “Content” and “Marks”), are owned or licensed by us and protected by applicable law. We grant you a limited, non‑transferable, revocable license to access and use the Services and to download or print portions of the Content solely for your personal, non‑commercial use.

Except as expressly permitted, you may not copy, reproduce, distribute, transmit, display, sell, or exploit any Content or Marks without our prior written permission.

Your Submissions & Contributions

When you send us ideas, feedback, or other material (“Submissions”) or post content (“Contributions”) through the Services, you grant us an unrestricted, worldwide, perpetual, royalty‑free license to use, modify, and display such material in any media. You confirm that you have the necessary rights to grant this license and that your Contributions do not violate any law or the rights of others.

We may remove or edit any Contributions at any time at our sole discretion.

If you believe any material on the Services infringes your copyright, please see Section 10 (DMCA Notice & Policy).

3. USER REPRESENTATIONS

By using the Services, you represent that:

  • You have the legal capacity to agree to these Legal Terms;
  • You are at least 18 years old (or have parental consent);
  • You will not access the Services through automated means (bots, scripts, etc.);
  • You will not use the Services for unlawful purposes; and
  • Your use of the Services complies with applicable laws.

Providing false information may result in suspension or termination of your account.

4. PROHIBITED ACTIVITIES

You agree NOT to:

  • Extract data or Content without permission;
  • Circumvent security features;
  • Upload viruses or other harmful code;
  • Use the Services to harass, abuse, or harm others;
  • Use automated systems to interact with the Services;
  • Impersonate another person;
  • Engage in any activity that interferes with the functioning of the Services;
  • Use the Services to compete with us or for commercial purposes without authorization.

5. USER‑GENERATED CONTRIBUTIONS

You are solely responsible for your Contributions. By posting, you warrant that you own or have permission to use all elements of your Contributions and that they do not violate any law or the rights of any third party.

Prohibited Contribution content includes, but is not limited to, material that is illegal, defamatory, obscene, hateful, or discriminatory, including sexually explicit or pornographic content, content that promotes violence or illegal activities, content that violates intellectual property rights, or content containing malware or other harmful components.

6. CONTRIBUTION LICENSE

By posting Contributions, you grant us an irrevocable, perpetual, worldwide, royalty‑free license to use, reproduce, publish, display, and create derivative works from your Contributions in any media. You waive any moral rights in your Contributions.

7. THIRD‑PARTY WEBSITES & CONTENT

The Services may link to third‑party websites or display third‑party content (“Third‑Party Content”). We do not control or endorse Third‑Party Content and are not responsible for it. Your use of Third‑Party Content is at your own risk.

8. SERVICES MANAGEMENT

We reserve the right to:

  • Monitor the Services for violations of these Legal Terms;
  • Take legal action against violators;
  • Remove or disable any Contributions at our discretion;
  • Manage the Services to protect our rights and ensure proper operation.

9. PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Legal Terms by reference.

10. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE & POLICY

If you believe material on the Services infringes your copyright, please send a written notice to our Designated Copyright Agent containing:

  • Your physical or electronic signature;
  • Identification of the copyrighted work claimed to be infringed;
  • Identification of the material that is claimed to be infringing (URL);
  • Your contact information;
  • A statement of good‑faith belief that the disputed use is not authorized; and
  • A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

Designated Copyright Agent
Attn: Copyright Agent
Email: [email protected]

We will respond in accordance with the DMCA and may remove the disputed content. Counter‑notification procedures are available as provided by law.

11. TERM & TERMINATION

These Legal Terms remain in effect while you use the Services. We may suspend or terminate your access at any time, for any reason, without notice. Upon termination, your right to use the Services ceases immediately.

12. MODIFICATIONS & INTERRUPTIONS

We may change, suspend, or discontinue the Services at any time without notice. We are not liable for any interruption or loss of access.

13. GOVERNING LAW

These Legal Terms are governed by the laws of the State of California, USA, without regard to conflict‑of‑law principles.

14. DISPUTE RESOLUTION

Informal Negotiations

Before filing any formal action, you agree to attempt to resolve disputes with us informally by contacting [email protected]. If we cannot resolve a dispute within 30 days, we agree to binding arbitration as set forth below.

Binding Arbitration

Any unresolved dispute will be settled by binding arbitration under the rules of the American Arbitration Association in Orange County, California. You waive the right to a jury trial. Arbitration will occur on an individual basis; class actions are not permitted.

Certain disputes (e.g., intellectual‑property claims) may be brought in court as specified in these Legal Terms.

15. CORRECTIONS

We reserve the right to correct errors or omissions in the Services or these Legal Terms at any time without prior notice.

16. DISCLAIMER

The Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. Your use of the Services is at your own risk.

17. LIMITATIONS OF LIABILITY

To the maximum extent permitted by law, we (and our directors, employees, and agents) will not be liable for any indirect, consequential, exemplary, incidental, or punitive damages. Our total liability to you for any claim will not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $500.

Some jurisdictions do not allow certain limitations, so the above may not apply to you.

18. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, losses, or expenses (including attorneys’ fees) arising out of your use of the Services, your Contributions, or your violation of these Legal Terms.

19. USER DATA

We may maintain data you transmit for the operation of the Services. You are solely responsible for backing up your data. We are not liable for data loss or corruption.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS & SIGNATURES

You consent to receive electronic communications and agree that electronic signatures satisfy legal requirements.

21. CALIFORNIA USERS & RESIDENTS

If you are a California resident and a complaint with us is not resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at (800) 952‑5210 or (916) 445‑1254.

22. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. We may assign our rights and obligations at any time.

23. CONTACT US

If you have questions or complaints regarding the Services, please contact us at:

EmojiBob
Email: [email protected]

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