1. Your Acceptance
This is an agreement between WhatsGoodApps LLC, a New York LLC (“WhatsGoodApps"), the owner and operator of www.AlyandAJmoji.com (the “Aly&AJmoji Site”), the Aly&AJmoji software, including the Aly&AJmoji mobile application (collectively, including all content provided by WhatsGoodApps through the Aly&AJmoji mobile application and the Aly&AJmoji Site, the "Aly&AJmoji Service", the "Service", "we", or "We"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND THE ALY&AJMOJI PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.AlyandAJmoji.com/privacy-policy, AND WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
2. The Aly&AJmoji Service
A. These Terms of Service apply to all users of the Aly&AJmoji Service. Information provided by our users through the Aly&AJmoji Service may contain links to third party websites that are not owned or controlled by WhatsGoodApps. WhatsGoodApps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or applications. In addition, WhatsGoodApps will not and cannot censor or edit the content of any third-party site or application. By using the Service, you expressly acknowledge and agree that WhatsGoodApps shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or application.
B. You acknowledge that use of the Aly&AJmoji Service is for entertainment purposes only.
C. Purchases of the Aly&AJmoji Service are subject to the payment terms and conditions of the mobile platform (e.g., the Apple App Store, Google Play, et al.) from which you make your purchase. WhatsGoodApps does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any Purchases.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND OF ANY PURCHASES FOR ANY REASON.
3. Aly&AJmoji Access
A. Subject to your compliance with these Terms of Service, WhatsGoodApps hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service and the Privacy Policy.
B. You agree to comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Aly&AJmoji Service, including any terms regarding payment for purchases made through such platforms.
C. WhatsGoodApps reserves the right to discontinue any aspect of the the Aly&AJmoji Service at any time.
D. You may send message(s) using the Aly&AJmoji Service (including the emojis and soundbites available within the Aly&AJmoji Service) for sharing with others for personal and non-commercial use via transmitting messages, posts or other expressed forms of digital communication. Unless otherwise specified or as provided in these Terms of Service, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Aly&AJmoji Service. You expressly understand and acknowledge that your message(s) may be forwarded or reposted by recipients, and such recipient use is beyond your control or the control of WhatsGoodApps.
E. You agree that you will not use nor encourage or permit others to use the Aly&AJmoji Service or create a message for any purpose that is unlawful or prohibited by these Terms of Service. Specifically, but without limitation, You may not:
i. Create, upload, post, email, transmit or otherwise make available any message or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
ii. Use the Aly&AJmoji Service to "stalk" or otherwise harass or harm another;
iii. Impersonate any person or entity, including, but not limited to, a WhatsGoodApps official employee, owner, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with prohibited conduct and activities;
iv. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or other content transmitted through the Aly&AJmoji Service;
v. Upload, post, email, transmit or otherwise make available any message or any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. Upload, post, email, transmit or otherwise make available any message or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vii. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
viii. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
ix. Use the Aly&AJmoji Service in any manner that could damage, disable, overburden or impair any servers or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Aly&AJmoji Service or interfere with any other party's use and enjoyment of the Aly&AJmoji Service;
x. Attempt to gain unauthorized access to the Aly&AJmoji Service through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Aly&AJmoji Service;
xi. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, privacy and security laws and regulations, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
xii. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Should WhatsGoodApps determine, in its sole discretion, that You have breached any part of the foregoing subparagraph E, WhatsGoodApps in its sole discretion may, together with any legal or equitable remedies WhatsGoodApps may have, without any notice, terminate, disable, suspend or otherwise render inoperable your Aly&AJmoji Service.
4. Intellectual Property Rights
The design of the Aly&AJmoji Service along with created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), and the names and likenesses of Aly Michalka and AJ Michalka, are owned by or licensed to WhatsGoodApps, 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 entertainment use only. WhatsGoodApps 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. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ALY&AJMOJI SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WHATSGOODAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WHATSGOODAPPS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE AND ITS CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (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 OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE ALY&AJMOJI SERVICE. WHATSGOODAPPS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ALY&AJMOJI SERVICE OR ANY HYPERLINKED WEBSITE OR CONTENT OR OTHER ADVERTISING, AND WHATSGOODAPPS 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THE THE ALY&AJMOJI SERVICE FOR FUN.
6. Limitation of Liability
IN NO EVENT SHALL WHATSGOODAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ALY&AJMOJI SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE 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 SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE ALY&AJMOJI SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WHATSGOODAPPS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by WhatsGoodApps from its facilities in the United States of America. WhatsGoodApps makes no representations that the Aly&AJmoji Service is appropriate or available for use in other locations. Those who access or use the Aly&AJmoji Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
7. Indemnity
You agree to defend, indemnify and hold harmless WhatsGoodApps, its officers, directors, employees, agents, successors and assigns 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 Aly&AJmoji 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, privacy or publicity right; or (iv) any claim that one of your data submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Aly&AJmoji Service.
8. Ability to Accept Terms of Service
You affirm that you are either more than 16 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. 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.
9. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WhatsGoodApps without restriction.
10. General
You agree that: (i) the Aly&AJmoji Service shall be deemed solely based in New York; (ii) the Aly&AJmoji Service shall be deemed a passive server that does not give rise to personal jurisdiction over WhatsGoodApps, either specific or general, in jurisdictions other than New York; and (iii) you agree to be subject to the jurisdiction of New York in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and WhatsGoodApps that arises in whole or in part from the Aly&AJmoji Service shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. These Terms of Service, together with the Privacy Policy and any other legal notices published by WhatsGoodApps, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and WhatsGoodApps concerning the Aly&AJmoji Service. 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 these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WhatsGoodApps’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. WhatsGoodApps 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 any revised Terms, your only recourse is to discontinue use of the Aly&AJmoji Service. Your continued use of the Aly&AJmoji Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WHATSGOODAPPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ALY&AJMOJI SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.