By accessing or registering on Ebroji mobile applications, Ebroji.com and other Ebroji-operated Apps (collectively, the "Ebroji App") and other online services (collectively and including the Ebroji App, the "Ebroji Service"), you agree to and accept these Terms of Service ("Agreement") between you and Ebroji, LLC and Ebroji ("Ebroji," "we," or "us"). By registering as a user or by using the Ebroji Service in any way, you accept these Terms of Service ("Agreement"), which form a binding agreement between you and Ebroji. If you do not wish to be bound by this Agreement, do not use the Ebroji Service.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EBROJI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
WHO MAY USE THE EBROJI SERVICE
AGE: You must be at least 13 years old to use the Ebroji Service. If you are at least 13, but are still a minor, you must have your parent or legal guardian's permission to use the Ebroji Service.
BY USING THE EBROJI SERVICE, YOU REPRESENT AND WARRNAT THAT YOU ARE OVER 13 YEARS OLD.
NOTICE TO PARENTS/GUARDIANS: By granting your child permission to use the Ebroji Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Ebroji Service.
LICENSE TO USE THE EBROJI SERVICE:
Ebroji grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Ebroji Service for your own personal, non-commercial purposes. This includes the right to view content available on the Ebroji Service. This license is personal to you and may not be assigned or sublicensed to anyone else. You may only use the Ebroji iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
You are solely responsible for your interaction with other users of the Service. You agree that Ebroji is not responsible or liable for the conduct of any user. Ebroji reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
You may not use the Ebroji Service for commercial purposes.
Except as expressly permitted by Ebroji in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Ebroji Service. Nor will you take any measures to interfere with or damage the Ebroji Service. All rights not expressly granted by Ebroji are reserved.
Ebroji allows you to use certain gifs, film, television, photographs, audio, video, image, text, audio recording and other media ("Media"). Specifically, you may use the included Media in a non-commercial emoji and communication with the app and you may distribute such Media in private communications. You may not use the included Media for any other purpose. All Media is property of its respective owners.
To fully use the Ebroji Service, you must register as a user by providing a user name, password, and valid email address. The information you provide to Ebroji must be complete and accurate. You must notify us if your information changes.
You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your content as defined above, including but not limited to, copyright laws. You are solely responsible for your conduct and content that you submit, post or display on or via the Service.
The Ebroji Service and its entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Ebroji, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are expressly prohibited from deleting or altering copyright, trademark, or other proprietary rights notices on materials available through app, including without limitation any Media.
LICENSES GRANTED BY YOU
You grant Ebroji and its affiliates, service providers, licensees, successors, and assigns, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, reproduce, transmit, distribute, publicly perform and display through all media now known or hereafter created, and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the Ebroji Service permission to view your content, reproduce, transmit, distribute, copy and display for their personal, non-commercial purposes.
MAINTENANCE AND SUPPORT
Because the Ebroji iOS Apps are free to download and use, Ebroji does not provide any maintenance or support for them. To the extent that any maintenance or support is required by applicable law, Ebroji, not Apple, shall be obligated to furnish any such maintenance or support.
TERM AND TERMINATION; ACCOUNT DELETION
This Agreement begins on the date you first use the Ebroji Service and continues as long as you have an account with us.
You may delete your account at any time. Please note that removing the App from your mobile device does not delete your account.We reserve the right to refuse access to the Service to anyone for any reason at any time.
Ebroji may suspend, disable, or delete your account or any portion of it or block or remove any content you submitted if Ebroji determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Ebroji's reputation. If Ebroji deletes your account for the foregoing reasons, you may not re-register for the Ebroji Service. Ebroji may block your email address and Internet protocol address to prevent further registration. In addition to the above, Ebroji may block, disable or delete your account for posting restricted content once of multiple times; any content removal or account deletion is at the sole discretion of Ebroji.
Upon termination, all licenses granted by Ebroji will end. In the event of account deletion for any reason, content that you submitted may no longer be available. Ebroji is not responsible for the loss of content.
You may not upload, post, or transmit ("submit") any data, text, files, information, usernames, images, graphics, gifs, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials, or other work ("content") that:
You cannot upload:
CODE OF CONDUCT
In using the Ebroji Service, you must behave in a civil and respectful manner at all times. Further, you will not:
REMOVAL OF CONTENT
Should you deem content to be inappropriate, hateful, and/or otherwise in violation of the code of content or content restrictions, you may flag the content through the following methods:
THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
If you believe that your copyright has been infringed, please see our DCMA Policy and send us a notice as set forth in our DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal@Ebrojiapp.com
The Ebroji name and logo are trademarks of Ebroji, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ebroji. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Ebroji, and may not be copied, imitated or used, in whole or in part, without prior written permission from Ebroji.
All names, marks, logos, and designs, other than the Ebroji marks, are the intellectual property of the respective owners of such marks.
YOUR REPRESENTATIONS AND WARRANTIES
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Ebroji and grant the licenses set forth above; (ii) Ebroji will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You will indemnify, defend, and hold harmless Ebroji and its affiliates, directors, officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) arise from your activities and/or content on the Ebroji Service; (ii) assert you breach any term of this Agreement; or (iii) assert that any content you submitted to Ebroji violates any law or infringes any third party right, including any intellectual property, confidentiality or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Ebroji in the defense of any claim. Ebroji reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Ebroji.
Ebroji reserves the right to modify the Ebroji Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Ebroji Service. Ebroji has no obligation to screen or monitor any content and does not guarantee that any content available on the Ebroji Service complies with this Agreement or is suitable for all users.Ebroji provides the Ebroji Service on an "as is" and "as available" and "with all faults" basis. You therefore use the Ebroji Service at your own risk.
Where content states "Powered by Giphy,"/shows the Giphy logo, this content has been sourced from Giphy.com. However, this application is not an official applications of Giphy.com nor is it endorsed by Giphy.com.
Ebroji expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Ebroji makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Ebroji Service, and no warranties shall apply after such period.
In addition, the Ebroji parties hereby disclaim all warranties, expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, freedom from virus or security associated with the transmission of information.
Ebroji does not endorse content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
The Ebroji iOS Apps are provided for free on an "as is" basis. As such, Ebroji disclaims all warranties about the Ebroji iOS Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Ebroji, not Apple, shall be solely responsible for such warranty.
Ebroji shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Ebroji iOS Apps. To the extent Ebroji is required to provide indemnification by applicable law, Ebroji, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Ebroji iOS Apps or your use of it infringes any third party intellectual property right.
Ebroji does not make any warranties concerning the Ebroji iOS Apps or the Apps ability to work on your mobile device. To the extent you have any claim arising from or relating to your use of the Ebroji iOS Apps, Ebroji, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Ebroji iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this herein shall be deemed an admission that you may have such claims.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE EBROJI PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE EBROJI CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EBROJI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR MOBILE DEVICE FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE EBROJI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE EBROJI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE EBROJI PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF EBROJI'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE EBROJI PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE EBROJI PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
EBROJI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
COMPLIANCE NOTICE PURSUANT TO 18 U.S.C. § 2257
All gifs, pictures, graphics, videos, and other content displayed on the Ebroji Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D). Ebroji is not the primary producer of the visual content contained in the Ebroji Service.
This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Ebroji can require the other to participate in an arbitration proceeding. To opt out, you must notify Ebroji in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
You must include your name and residence address, the email address you use for Ebroji account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Ebroji.
You agree that any claim you may have arising out of or related to your relationship with Ebroji must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Headings are for convenience only and shall not be used to construe the terms of this Agreement.
If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement.
WAIVER AND REMEDIES
No failure or delay by Ebroji in exercising any right hereunder will waive any further exercise of that right. Ebroji's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS AND ASSIGNMENT
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Ebroji's prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from Ebroji electronically. Ebroji may provide all such communications by email or by posting them on the Ebroji Service. For support-related inquiries, you may contact us.
You may send notices of a legal nature to Ebroji at firstname.lastname@example.org or the following address:
Nothing herein shall limit Ebroji's right to object to subpoenas, claims, or other demands.
This Agreement may not be modified except by a revised Terms of Service posted by Ebroji on the Ebroji App or Ebroji Service or a written amendment signed by an authorized representative of Ebroji. A revised Terms of Service will be effective as of the date it is posted on the Ebroji App or Ebroji Service. Do not use the Ebroji Service or Ebroji App if you do not agree to the revised terms. By using the Ebroji Service, you agree and consent to the new terms.
This policy is of 1/10/16.