This Application is offered to you conditional upon your acceptance of these Terms. By downloading, using this Application or accessing any service made available by BBMoji(collectively, the “Service”), you indicate your acceptance of the Terms. The Service is owned or controlled by Creative Media Works Pte. Ltd. and MomentCam Hong Kong Co. Limited (both hereinafter referred to as the “Company”). These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.
- You must be at least 18 years old to download this application. If you are under 18, you agree that your parent or legal guardian has reviewed and agreed to these Terms and has agreed to your using the Service.
- The Company may revise any portion of these Terms, or any other policies or guidelines governing the Service, at any time, in its sole discretion and without advance notice to you. Any changes will be effective upon posting of the revised Terms on the Site. Your use of the Service will be subject to the most current version of the Terms posted at the time of such use. Your continued use following our posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to the Terms, please immediately discontinue the use of the Service.
- Permission is granted by the Company to temporarily download one copy of this Application for personal, non-commercial transitory viewing only. This permission constitutes a grant of license, but not a transfer of title, which is non-transferrable and non-exclusive.
Under this license, you may not:
- modify, reproduce, adapt, prepare derivative works based on, perform, display, distribute, transmit, sell or otherwise exploit any materials, graphics and text content, or object code (collectively, “Materials”) of this Application for commercial or non-commercial purpose;
- attempt to decompile or reverse engineer any Materials of this Application;
- remove any copyright or other proprietary rights incorporated in or accompanying any Materials of this Application; or
- transfer any Materials to another person or “mirror” any Materials of this Application on any other server.
- This license shall automatically terminate if you violate any of restrictions and conditions of these Terms, at any time. Upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
Intellectual Property Rights
- You acknowledge and agree that any materials, technology, copyrights, patent rights, trademarks, confidential information and other proprietary rights in connection with the Service is owned by the Company and/or its related parties, which is protected by applicable intellectual property laws and other laws. Except as expressly authorized by the Company, you agree not to copy, modify, rent, lease, sell, distribute, display or create derivative works based on the Service.
- You acknowledge and agree that, by accessing this Application, you grant a royalty free, non-exclusive, non-revocable, sub-licensable worldwide license to the Company for any intellectual property rights contained in the photos uploaded by anyone using your account or device. And you further acknowledge and agree that you disclaim any intellectual property rights, privacy rights and/or image rights contained in above materials against the Company.
- This Application is only for personal entertainment. Any photos processed, edited and generated using the Service, whoever uploads these photos, are copyrighted work of the Company. Except as expressly authorized by the Company, you agree not to use any photos processed, edited and generated using the Service for any commercial purposes. The Company has the standing to sue by itself and can be fully indemnified for lawsuits against any party who infringes the rights contained in such photos.
- By uploading any photos, you represent and warrant that such photos do not infringe upon any third party intellectual or personal rights, including but not limited to, copyrights, patents, trademarks, trade secrets, privacy or other personality rights. Should the Company be made aware of any photos uploaded by you that could be infringing on a third party’s rights, Company may remove such photos, at its sole discretion.
Content and Conduct
- You are entirely and solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, and other content (collectively, “Content”) that you submit, upload or edit via the Service at every stage, which includes editing, uploading, posting, sharing, emailing or otherwise transmitting or making available Content via any of the Services provided. Notwithstanding the foregoing, the Company reserves the right to curate and remove any contents that the Company deems inappropriate, at the Company’s sole discretion.
- The Company does not guarantee the storage of Content and is not intended as a back-up solution, thereby is not responsible for Content that is lost or damaged. The Company does not control the Content that is transmitted, published, posted, uploaded, distributed, disseminated, communicated, displayed or otherwise made available to you by others in connection with your access to or use of the Service. You understand that by accessing or using the Service, you may be exposed to Content that is, or that you consider to be, inappropriate, harassing, abusive, threatening, defamatory, libellous, slanderous, tortious, profane, obscene, unlawful, misleading, deceptive, offensive, indecent or otherwise objectionable. The Company has the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove from the Service, any Content transmitted, published, posted, uploaded, distributed, disseminated, communicated, displayed or otherwise made available by you or any third party. We do not guarantee or provide any other similar assurance regarding the accuracy, integrity, or quality of, and are not liable for any such Content.
By using the Service, you agree that it is prohibited to edit, upload, post, share, email or otherwise transmit or make available any of the following:
- Content that is unlawful, abusive, obscene, pornographic, profane, harmful, threatening, abusive, harassing, vulgar, defamatory, libelous, invasive of another's privacy, or hateful racially or ethnically.
- Content that you do not have a right to edit, upload, post, share, email or otherwise transmit or make available according to any law, or due to contractual or fiduciary relationships.
- Content that could infringe intellectual property rights or other proprietary rights without the explicit permission of the owner and the persons.
The Company expects you to use the Service in a lawful and respectful manner. In particular, by using the Service, you agree not to partake in the following:
- download content posted by another user that you know, or reasonably should know in a manner that is not lawful.
- advertise or offer to sell or buy any goods or services for any business purpose, unless the Company explicitly allows such messages.
- interfere with or disrupt the Service or servers or networks connected to the Company, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- violate any code of conduct or other guidelines which may be applicable for any particular area of the Service, including any applicable local, state, national or international laws, or other regulations with jurisdiction.
Disclaimer of Warranties
- The Materials of this Application are provided “as is”. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials of this Application or otherwise relating to such Materials.
- The Company does not warrant or make any representations that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses.
Limitation of Liability
In no event will the Company or its directors, officers, employees, agents or partners be liable to you or any third party for any damages whatsoever, including without limitation damages arising under contract, warranty, negligence, strict liability or any other theory, or resulting from any other matters relating to the Service or the Content.
You consent and agree that the Company may collect, use, access, preserve, disclose and/or process your data, including personal information, contents of your communication, or information about your use of the Service and the services or software and hardware utilized in conjunction with such Service (including the installation and/or use of software, or associated Internet service or mobile data services, or the creation of a user ID), where available to the Company, to third parties, including foreign or domestic government entities, without providing prior notice to you in order to: (i) comply with legal process or enforceable governmental request, or as otherwise required by law; (ii) cooperate with third parties in investigating acts in violation of these Terms; or (iii) cooperate with system administrators of the relevant Internet service or mobile data service providers, networks or computing facilities in investigations. Where you disclose personal information of third parties to the Company, you represent and warrant that you are authorised to provide such personal information to the Company and that you have obtained all prior consents necessary under applicable laws and regulations to disclose such personal information to the Company and for the Company to collect, use, access, preserve
You agree to defend, indemnify and hold the Company harmless 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):
- your Content or your access to or use of the Service;
- your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- 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
- any misrepresentation made by you.
- THIS TERMS IS TO BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF SINGAPORE, EXCLUDING ANY BODY OF LAW GOVERNING CONFLICTS OF LAW. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement.
- The Parties hereby submit to the exclusive jurisdiction of the Singapore courts. No dispute between the Parties, or involving any person but you, may be joined or combined together, without Company’s prior written consent. Nothing in the foregoing shall prevent either Party from seeking injunctive or other legal or equitable relief in any court of competent jurisdiction for any breach of this Terms (including your breach, misappropriation or other infringement of Company’s confidential information, intellectual property or other proprietary rights), or to preserve the Parties’ respective rights, or in aid of any court proceedings.
- This Terms (which for the purposes of any addenda hereto, shall in relation to the subject matter of that addenda, include the terms of the addenda), constitutes the entire agreement between the Parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the Parties relating to the Services other than as set out in this Terms. Notwithstanding the foregoing, other agreements between the Parties may govern the use of certain portions of the Services. This Terms supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between the Parties, whether oral or written, with respect to the subject matter hereof, and you acknowledge that you have not relied on any of the foregoing in agreeing to enter into this Terms.