Effective as of 20/5/2018
Welcome to the Splash Moji Terms of Service agreement. Splash Moji “services” is a mobile App owned by The Terracotta Company Pty Ltd “Company”. Splash Moji can be accessed from Google Play Store or through the Splash Moji’s website “site” at https://www.splashmoji.com. Splash Moji allows you to share your emotions to your contracts through splashing images, videos, animated emojis and sticking animated emojis on images and videos through mobile devices. The terms “we,” “us,” and “our” refer to Splash Moji. “You” refers to you, as a user of our services.
The following Terms of Service apply when you view or use our services:
Please review the following terms carefully. By using our services, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Service in their entirety, you may not access or use our services.
About our Services
Our services allow you to share and receive videos, images, animated 3d emojis and to stick 3d emojis to videos and images, to your contacts on your phone.
Registration; rules for user conduct and use of our services
You need to be at least 13 years old to register for and use our services. You will create a Splash Moji account to access our services and to receive messages from Splash Moji. To setup your Splash Moji account we need basic information such as first name, last name, an email address, a mobile phone number. You agree to notify us immediately of any unauthorised use of your password and/or account. Splash Moji will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your name, password and/or account.
Your permission to use the Splash Moji App is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
access our services for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of our services,
- collect or harvest any personal data of any user of our services
- use our services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- distribute any part or parts of our services without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from our services for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use our services for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- intentionally allow another user to access your account;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of our services;
- make any automated use of our services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to our services, or use any software, technology, or device to scrape, spider, or crawl our services or harvest or manipulate data;
- circumvent, disable or otherwise interfere with any security-related features of our services or features that prevent or restrict use or copying of content, or enforce limitations on use of our services or the content accessible via our services; or
- publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s devices.
Posting and conduct restrictions
When you create your own personalised account, you may be able to provide videos, images including images and videos with emoji sticker(s) (“User Content”) to our services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via our services.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Splash Moji, however, reserves the right to remove any User Content from our services at its sole discretion.
We grant you permission to use and access our services, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using our services, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You retain all ownership rights in your User Content, but you are required to grant the following rights to our services and to users of our services as set forth more fully under the “License Grant” and “Intellectual Property” provisions below:
When you upload or post User Content to our services, you grant to our services a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of our services; and you grant to each user of our services, a worldwide, non-exclusive, royalty-free license to access your User Content through our services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by our services and under these Terms of Service;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the Appropriate permission from their rightful owner to specifically submit such content; and
- You hereby agree that we have the right to determine whether your User Content submissions are Appropriate and comply with these Terms of App, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of our services is solely your responsibility. We are not responsible for any public display or misuse of your User Content.
Our services do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with our services or with other Users.
Online content disclaimer
Opinions, advice, statements, offers, or other information or content made available through our services, but not directly by the site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on our site or our services nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via our services. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on our services, or transmitted to users.
Though we strive to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable when you use or access our services. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of our services or to limit or deny a user’s access to our services or take other Appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorised use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our App or violation of these Terms of Service, please contact us at email@example.com.
Links to other applications and/or materials
As part of our services, we may provide you with convenient links to content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to App subscribers. We have no control over Third Party Applications, Software or Content or the promotions, materials, information, goods or Apps available on these Third Party Applications, Software or Content. Such Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, Appropriateness, or completeness, and we are not responsible for any Third Party Applications accessed through the Splash Moji or any Third Party Applications, Software or Content posted on, available through or installed from our services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Applications, Software or Content does not imply our Approval or endorsement. If you decide to leave our services and access the Third Party Websites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Service, no longer govern. You should review the Applicable terms and policies, including privacy and data gathering practices, of any Third Party Applications to which you navigate from our services or relating to any Applications you use or install from the Third Party website.
Copyright complaints and copyright agent
Splash Moji honours the requirements set forth in the Digital Millennium Copyright Act. We therefore, take reasonable steps to expeditiously remove from our App any infringing material that we become aware of. And if our services become aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on our services infringes a copyright that you own or control, please contract us via our support email:
The date of your notification;
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description 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 at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit our services provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from our services is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content Appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New South Wales and a statement that you will accept App of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on our services in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via our services, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if Applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our services.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to our services, including Applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on our services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.
Email may not be used to provide notice
Communications made through our services email and messaging system will not constitute legal notice to our site, our services, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
User consent to receive communications in electronic form
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
OUR SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM OUR SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation of damages;
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, OUR SERVICES, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE OUR SERVICES; (C) THE APP GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE OUR SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or Application that you review using our services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using our services, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Modification of terms of service
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the site from time to time to view any such changes in this agreement. Your continued use of our site or our services signifies your agreement to our revisions to these Terms of Service. We will endeavour to notify you of material changes to the Terms by posting a notice on our homepage and/or App and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with Applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service and your use of our services are governed by the federal laws of Australia and the laws of the State of New South Wales, without regard to conflict of law provisions.