Date of Last Revision: March 28, 2017
Welcome to PooMoji!
By using the PooMoji website, or the PooMoji mobile application (collectively, our "Services"), you agree to these Terms. If you don't agree with these Terms, then don't use our Services.
1. Use our Services
By using the Services, you state that:
If you are using our Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights We Grant You
NS Media Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use our Services in a way that these Terms allow.
Any software that we provide may automatically download and install upgrades, updates, or new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Some of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content, including in connection with marketing and promotions. You also grant us and our affiliates a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display your content in any form and in any and all media or distribution methods (now known or later developed).
Any feedback or suggestions you submit about our Services or any other NS Media Inc. products or services are non-confidential and will become the sole property of NS Media Inc. This means that we can use your feedback and suggestions without compensating you.
5. Respecting Other People's Rights
NS Media Inc. respects the rights of others. And so should you. You therefore may not use our Services in a manner that:
You must also respect NS Media Inc.'s rights. These Terms do not grant you any right to:
In short: You may not use our Services or the content on our Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
6. Respecting Copyright
NS Media Inc. honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if NS Media Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's ability to access or use our Services.
If you believe that anything on our Services infringes a copyright that you own or control, please file a notice with our designated agent:
NS Media Inc.
Attn: Copyright Agent
7435 S. Eastern Ave. #264
Las Vegas, NV 89123
If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
We try hard to keep our Services a fun and safe place for all users. But we can't guarantee it. That's where you come in. By using our Services, you agree that:
8. Data Charges
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, ask your service provider before using our Services.
9. Modifying the Services and Termination
We may add or remove features, products, or functionalities, and we may also suspend or stop our Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
NS Media Inc. may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may cease making updates or providing support.
Regardless of who terminates these Terms, both you and NS Media Inc. continue to be bound by Sections 3, 6, 12-21 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless NS Media Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of our Services; (b) your content; and (c) your breach of these Terms.
We try to keep our Services up and running and free of annoyances. But we make no promises that we will succeed.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE NS Media Inc. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) OUR SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) OUR SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY POOMOJI APP CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE TIMELY OR ACCURATE.
NS Media Inc. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH NS Media Inc. WILL BE RESPONSIBLE FOR.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NS MEDIA INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH OUR SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF NS MEDIA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NS MEDIA INC.'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID NS MEDIA INC., IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
13. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH NS MEDIA INC., AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
14. Exclusive Venue
To the extent that these Terms allow you or NS Media Inc. to initiate litigation in a court, both you and NS Media Inc. agree that all claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or the use of our Services will be litigated exclusively in the United States District Court for Clark County, Nevada. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to these Terms or the use of our Services will be litigated exclusively in the Superior Court of Nevada, County of Clark. You and NS Media Inc. consent to the personal jurisdiction of both courts.
15. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of Nevada, other than its conflict-of-laws principles, govern these Terms and any disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
17. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
18. Final Terms
NS Media Inc. welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing firstname.lastname@example.org.
NS Media Inc. is located at 7435 S. Eastern Ave. #264, Las Vegas, NV 89123.