1. Your Acceptance
2. The BackstromMoji Service
A. These Terms of Service apply to all users of the BackstromMoji Service. Information provided by our users through the BackstromMoji 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 BackstromMoji Service is for entertainment purposes only.
C. Purchases of the BackstromMoji Service are subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, 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. BackstromMoji Access
B. You agree to comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the BackstromMoji Service, including any terms regarding payment for purchases made through such platforms.
C. WhatsGoodApps reserves the right to discontinue any aspect of the the BackstromMoji Service at any time.
D. You may send message(s) using the BackstromMoji Service (including the emojis and soundbites available within the BackstromMoji 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 BackstromMoji 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 BackstromMoji 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 BackstromMoji 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 BackstromMoji 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 BackstromMoji 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 BackstromMoji Service or interfere with any other party's use and enjoyment of the BackstromMoji Service;
x. Attempt to gain unauthorized access to the BackstromMoji 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 BackstromMoji 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 BackstromMoji Service.
4. Intellectual Property Rights
The design of the BackstromMoji Service along with created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), and the name and likenesses of Nicklas Backstrom, 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 BackstromMoji 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 BackstromMoji SERVICE. WHATSGOODAPPS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BackstromMoji 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 BackstromMoji SERVICE FOR FUN.
6. Limitation of Liability
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 BackstromMoji Service is appropriate or available for use in other locations. Those who access or use the BackstromMoji Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
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 BackstromMoji 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 BackstromMoji 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.
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.