Last Updated: July 18, 2016
Twinstone Ventures, Inc. (“Company”, “we” or “us”) provide services to you through our website www.christianmoji.com (our “Website”), our mobile apps for iOS and Android devices (“Mobile Apps”) and related services (collectively, the “Services”). The following terms and conditions (these “Terms”) govern your access to and use of our Services.
Please read the Terms carefully before you use the Services. By using the Services, you accept and agree to be bound and abide by these Terms and any additional terms applicable to the Services that are incorporated herein by reference. If you do not want to agree to these Terms or other terms incorporated herein by reference, you must not access or use the Services.
We may revise and update these Terms from time to time in our sole discretion. If we do, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Children Under 13. The Services are not intended for use by anyone under the age of 13. If you are under 13, you are not permited to use the Services.
InternaIonal Users. The Services are based in New York, New York and are provided for access and use by persons located in the United States. If you use the Services from outside of the United States, you do so at your own risk. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services fees;
Purchase of Services. If you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You may purchase our Mobile App from the AppStore and Google Play. If you make a purchase, you represent and warrant that any payment information you provide is true and that you are authorized to use the payment method. Payment is collected by the AppStore and Google Play on our behalf and we are not provided with any of your payment information. The payment information and other information provided to the AppStore or Google Play is governed by their respective terms of service and privacy policies. We are not responsible for their collection or handling of your payment or other information.
Intellectual Property Rights
The Services and all of its content, features and funcitonality, (including but not limited to all visuals, text, audio and video clips) are subject to copyright protections and other intellectual property rights or licenses owned by us. We grant you a limited license to (a) access and make personal, non-commercial use of the Services and (b) download, install and use for your personal, non-commercial use our Mobile App on a mobile device owned or otherwise controlled by you. Except as permitted by this limited license grant, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in the Services or use the Services in any way not permitted by these Terms. Any unauthorized use of any content or materials in the Services is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear in the Services are proprietary to us or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without our prior written consent, and you may not remove or otherwise modify in any manner any trademark noIces from any content offered or received through the Services.
You acknowledge and agree that the Services and content are provided to you under license, not sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions and restrictions set forth in these Terms. We reserve and retain our entire right, title and interest in and to the Services, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
To inquire about obtaining authorization to use the materials or content other than as permitted in this section, please contact us at firstname.lastname@example.org.
When using the Services, you may not:
- modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read. This includes using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser or Mobile App;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices in the Services or use the Services in any way that violates any right of any third party, including copyright, trademark, privacy or other personal rights;
- resell or make any commercial use of the Services or any of its contents;
- use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Services or any users of the Services;
- engage in any conduct or use any device or software that otherwise restricts or impairs the Services or inhibits anyone’s use or enjoyment of the Services;
- access or use the Services for any illegal or unauthorized purpose. Harassment in any manner or form of the Services, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although we cannot monitor the conduct of our users, it is a strict violation of these Terms to use the Services or any information obtained from the Services in order to harass, abuse or harm another person, or in order to contact, adverIse, solicit or sell to any user without his/her prior explicit consent; or
- deceive any person or misrepresent your identity or affiliation with any person or organization.
We may from time to time in our sole discretion develop and provide updates to the Services, including the Mobile App (“Updates”). Updates may modify or delete in their entirety certain features and functionality of the Services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device seeings, when your device is connected to the Internet, either (a) available Updates will automatically download and install, or (b) you may receive notice of or be prompted to
download and install available Updates. You agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
The information provided in the Services may contain typographical errors or inaccuracies. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or anyone who use our Services.
We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability of the Services.
We further reserve the right, without notice or attendant liability, and in our sole discretion, to amend or terminate, temporarily or permanently, any part or all of the Services for any reason or no reason. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
To improve our Services, we may use and promote services provided by outside third parties. However, even if the third party is affiliated with us, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Services, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
You may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY THIRD PARTY WEBSITES LINKED TO IT, ANY CONTENT IN THE SERVICES OR OBTAINED THROUGH USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through use of the Services.
Governing Law and Jurisdiction
All mailers relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will conInue in full force and effect.
These Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Notices and Communications
We may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
By using the Services on your mobile device, you agree that we may communicate with you regarding our Services to your mobile device and that certain information about your usage of the Services on your mobile device may be communicated to us.
Comments, Concerns and Complaints
All feedback, comments, requests for technical support, notices of copyright infringement claims and other communicaIons relating to the Services should be directed to: email@example.com.