End User License Agreement ("Agreement")
Last updated: September 3rd, 2019
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using the Callmoji application (“Application"). This Agreement is between you and Callmoji and does not extend any rights or responsibilities to any third party. If you have purchased the Application from the Apple Store, then to the extent this Agreement is less restrictive than the Usage Rules in the App Store Terms of Service (“Apple Terms of Service”), which you acknowledge you have had the opportunity to review, then the more restrictive terms of the Apple Terms of Service will apply. By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement and, to the extent applicable, the Apple Terms of Service.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
Callmoji grants you a revocable, nonexclusive, nontransferable, limited license to download, install and use the Application that you own or control solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Callmoji has no tolerance for objectionable material. You agree that you will not use the Application to store, transmit, receive, or otherwise communicate objectionable material and will not permit others to do so. Doing so will terminate your license to use the Application and Callmoji will eject you from further use of the Application.
You further agree that, should you encounter material you believe to be objectionable material while using the Application, you will report such material to Callmoji immediately. Callmoji, in its sole discretion, will determine if the reported material is objectionable, and if so, will remove such objectionable material from the Application within 24 hours of the report and will terminate its license with the user that posted the objectionable material and eject that user from further use of the Application.
Modifications to Application
Callmoji reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Maintenance and Support
Callmoji has sole discretion to determine what activities are necessary to maintenance and support the Application and is solely responsible for providing such maintenance and support. No third party, including Apple, has any obligation to provide maintenance or support for the Application.
As set forth in the Callmoji Terms of Service, which you also agree to be bound by, Callmoji disclaims to the maximum extent permitted by applicable law any warranty of any kind. If you purchased the Application from the Apple Store then in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Callmoji’s sole responsibility.
You acknowledge that, to the extent required by applicable law Callmoji, and not Apple, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge that, in the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Callmoji, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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.
Third Party Beneficiary
If you purchased the Application from the Apple Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Term and Termination
This Agreement shall remain in effect until terminated by you or Callmoji.
Callmoji may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Callmoji, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Callmoji reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.