Terms of Use

Date of Last Revision: March 28, 2017

Welcome to PooMoji!

These Terms of Use (which we call the "Terms") form a legally binding contract between you and NS Media Inc. So please read them carefully.

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:

  • 1. You can form a binding contract with NS Media Inc.;
  • 2. You are not a person who is barred from receiving our Services under the laws of the United States or any other applicable jurisdiction-meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition; and
  • 3. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

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.

4. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that NS Media Inc. and its affiliates can collect, use, and transfer your information consistent with that policy.

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:

  • violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
  • bullies, harasses, or intimidates;
  • defames; or
  • spams or solicits NS Media Inc.'s users.

You must also respect NS Media Inc.'s rights. These Terms do not grant you any right to:

  • use branding, logos, designs, photographs, videos, or any other materials used in our Services except as explicitly allowed by these Terms or our Services (for example, you may share PooMoji as our Services allow);
  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of our Services or the content on our Services except as set forth in these Terms or as our Services allow;
  • use our Services or any content on our Services for any commercial purposes without our consent.

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
copyright@poomoji.com

If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. ยง 512(c)(3). That means the notice must:

  • contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • identify the copyrighted work claimed to have been infringed;
  • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
  • provide your contact information, including your address, telephone number, and an email address;
  • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

7. Safety

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:

  • You will not use our Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access our Services or extract other user's information.
  • You will not use or develop any third-party applications that interact with our Services or other users' content or information without our written consent.
  • You will not use our Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services.
  • You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of our Services.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of our Services that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network.
  • You will not encourage or promote any activity that violates these Terms.

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.

10. Indemnity

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.

11. Disclaimers

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.

  1. Applicability of Arbitration Agreement. All claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or the use of our Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and NS Media Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
  4. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and NS Media Inc.. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and NS Media Inc..
  5. Waiver of Jury Trial. YOU AND NS MEDIA INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and NS Media Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and NS Media Inc. over whether to vacate or enforce an arbitration award, YOU AND NS MEDIA INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17.
  7. Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
  9. Small Claims Court. Notwithstanding the foregoing, either you or NS Media Inc. may bring an individual action in small claims court.
  10. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with NS Media Inc.

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.

16. Severability

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

  • These Terms (together with any additional terms applicable to specific Services you use)make up the entire agreement between you and NS Media Inc., and supersede any prior agreements.
  • These Terms do not create or confer any third-party beneficiary rights.
  • If we do not enforce a provision in these Terms, it will not be considered a waiver.
  • We reserve all rights not expressly granted to you.
  • You may not transfer any of your rights or obligations under these Terms without our consent.
  • These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.

Contact Us

NS Media Inc. welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing support@poomoji.com.

NS Media Inc. is located at 7435 S. Eastern Ave. #264, Las Vegas, NV 89123.