TERMS OF SERVICE
This is a legal agreement (“Agreement”) between you and Callmoji. (“Callmoji”, “we,” “us,” or “our”). By using our website, located at https://www.callmoji.me (“Website” or “Site”), our mobile application (“App”), and/or other services we provide (collectively, “Callmoji”), or otherwise accessing the pages of Callmoji, you become a user and agree to, and are bound by, the terms and conditions of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms (“Additional Service terms”), and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Callmoji services consist of a service for single people (“Singles Service”), including interactive content and community services such as the Callmoji community (“Services”). Callmoji may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Callmoji also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Callmoji in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
1. Minimum Age. You must be at least 18 years old to use the Site and to register for the Services. By registering for the Services, you represent and warrant that you are at least 18 years old.
2. Marital Status. By requesting to use, registering to use, or using the Singles Service, you represent and warrant that you are single and not legally married.
3. Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. Callmoji DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Callmoji reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Callmoji is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
2. Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By use of the Services you represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
4. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through our service.
5. No Guarantees. Callmoji may not be able to provide matches for everyone seeking to use its services. Further, Callmoji makes no guarantees as to the number or frequency of matches through our service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that Callmoji makes no guarantees, either explicit or implied, regarding your ultimate compatibility with individuals you meet through the our service or as to the conduct of such individuals.
6. Content Removal. Callmoji reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Callmoji will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
7. No False Information. You will not provide inaccurate, misleading or false information to Callmoji or to any other user.
8. No Advertising or Commercial Solicitation. You are prohibited from advertising or soliciting any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam email to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Callmoji.
9. Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, Callmoji may create test profiles in order to monitor the operation of the Services.
10. Selection of Profiles. Our service provides matching, and your profile will be presented to potential matches based on our algorithm. You will be under no obligation to communicate with the match(es) presented to you.
11. No Harassment of Callmoji Employees or Agents. You will not harass, annoy, intimidate or threaten any Callmoji employees or agents engaged in providing any portion of the Services to you.
12. By using Callmoji, you authorize Callmoji to access certain information on your computer device including information collected by your device’s microphone, camera, and position location equipment.
13. Purchases. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, personal data.
14. Subscriptions. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring basis, until the subscription is canceled.
1. Ownership of Proprietary Information. You hereby acknowledge and agree that Callmoji is the owner of highly valuable proprietary information, including without limitation, the matching algorithm, profiles, processes, database, as well as user information collected through operation of the App (“Confidential Information”). Callmoji owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information. You hereby acknowledge that Callmoji owns valuable copyrights, trademarks, and other intellectual property rights in its software and in the images, text, and graphics displayed by its application programs. You hereby agree not to copy, reproduce, make commercial use of, or create derivative works using Callmoji’s intellectual property. Nothing in this agreement grants you a right or license to use any trademark, design right, patent right, or copyright owned or controlled by Callmoji.
2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information (including photos and Voicenotes) accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
3. Other Users’ Information. Callmoji does not authorize posting of any copyrighted information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. In the event other users post copyrighted information, you agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Callmoji or third party proprietary information available via the Services or the Site. We also do not authorize you to record from any device with recording capability other users’ or matches’ recordings that they either post on their profile publically or post privately within the private chat screens without their consent. Callmoji assumes no liability arising as a consequence of such recordings.
4. License to Posted Content. By posting information or content to any profile page or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Callmoji and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
No Contact Information. You agree that you will not post any email addresses, personal website address or profile page you may have on a third party website, or other contact information in areas other than those specifically designated for this information, or in any other communications you may have with other users. You may, at your discretion, exchange such information after you are mutually connected through the App.
Disclosure By Law. You acknowledge and agree that Callmoji may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Callmoji’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Disclaimer of Warranty
1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Callmoji PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Callmoji DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Callmoji DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Callmoji, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Callmoji DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Callmoji. UNDER NO CIRCUMSTANCES WILL Callmoji BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
3. Beta Features. From time to time, Callmoji may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Callmoji’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL CALLMOJI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Callmoji KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. No Liability for non-Callmoji Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Callmoji BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
3. Information Verification. Callmoji and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Callmoji and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Callmoji, its officers, directors, employees, agents, contractors, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Callmoji reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Callmoji in asserting any available defenses.
To communicate a complaint regarding the Service, please email us at email@example.com
We may use your email address to send you messages notifying you of important changes to the Services or special offers.
Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Callmoji may terminate your account at any time, for any reason or no reason, without explanation. Callmoji reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and from any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Callmoji by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account through the App on the “Settings” screen.
1. Cancellation At Any Time. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription by accessing the “Settings” screen through the App and deleting your account. Callmoji is not responsible for refunding for purchases or subscriptions already purchased.
13. General Provisions
1. Controlling Law and Jurisdiction. You agree that New York law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in New York. You acknowledge and agree that any violation of this Agreement may cause Callmoji irreparable harm, and therefore agree that Callmoji will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Callmoji may have for a breach of this Agreement.
14. Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Callmoji at firstname.lastname@example.org as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit Callmoji to contact you, such as your address, telephone number, and email address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to Callmoji.
15. Revision Date. This Agreement was last revised on September 3rd, 2019