Terms Of Service
These Terms of Service, “Terms” or “Agreement”) are between DoggyMojis & Pet friends, (“DPF,” “we,” “us,” “our” ) and you, an individual user (“you,” “your,” “yours”), and govern your use of DPF owned mobile software application, websites, or extensions that have been made available for download (each, an “App,” and together, the Apps) or on any DPF owned website and any related websites or other online properties owned or controlled by DPF (together with the Apps, the “Service”).
LAST UPDATE 03/02/2020
1. INTRODUCTION AND OVERVIEW
These Terms constitute a legally binding contract between you and DPF. By purchasing an emoji personalization service, tapping or similar, registering, accessing or using the Apps or the Service, you are agreeing to enter into a legally binding contract with DPF (even if you are using our Apps or Service on behalf of a company). The Agreement includes these Terms.
Read these Terms carefully. The Terms govern your use of the Service and include legal provisions that limit our liability, including an arbitration clause that requires individual arbitration for certain potential legal disputes, where permitted by law. By purchasing a Personalization service emoji, installing a DPF product or application or using any portions of the Service, you agree that you have read, understood, and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
As detailed in the Sections below (and without limiting the express language of these Terms), you:
- agree the App Service is licensed to you, is not sold to you and you may use the Service only as set forth in these Terms.
- agree the Personalization emoji service including the art and the app development is under this contract terms
- Agree that any personalization service that includes a published app on the App Store would be only under the DPF accounts and terms.
- agree that by using the Service, you may be subject to separate third-party terms of service and fees, including but not limited to, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
- agree that to the greatest extent permitted by law, DPF provides the Apps to you on an “as is” basis without any warranties, and that DPF’ liability to you is limited.
- agree that where permitted by law, disputes arising between you and DPF will be resolved by binding individual arbitration. By accepting these Terms, you and DPF are each waiving the right to a trial by jury or to participate in a class action.
- agree to the DPF art policy (defined below in Section 4)
- agree that if you Post or create any Objectionable Content on the Service or otherwise violate these Terms, then DPF may, but is not obligated to, take any remedial action that DPF, in its sole discretion, deems appropriate, including but it not limited to, suspending or terminating your Account, removing all of your User Content from the Service, and/or reporting you to law enforcement authorities, either directly or indirectly
2. CHANGES TO THESE TERMS
We may change these Terms from time to time. You may read the current, effective version of these Terms at any time at this location, or by clicking the Terms link on the DPF website.
Any revised Terms will become effective at the time of posting.
BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.
3. CHANGES TO THE SERVICE
We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to such change for any reason, your sole remedy is to stop using the Service.
4. DPF WEB SERVICE: PERSONALIZATION EMOJI ILLUSTRATIONS AND APP DEVELOPMENT
DPF provides an illustration emoji personalization and app development service available on the DPF website. This is a paid service available on order and it always involves a hand made illustration of your pet. The terms and conditions are settled as follows.
4.1. EMOJI ART ILLUSTRATION
DPF offers different art styles, including petooney, petalistic, petminimal and petcomic. You (as paid user of the Personalization service) can choose any of those styles for the pet emoji illustration. Those art styles are just representative and can suffer some variations on color and form depending on the pet. DPF does not guarantee that the pet will be exactly like the samples shown on the DPF website but we will do our best to represent your pet as emoji. You can ask for any minor changes of the sketches of emojis illustrated. Minor changes means tasks that take less than one hour of art work like eye lines, color brightness, mouth position.. DPF reserves the right to refuse your petition for any design change. The timeline has a standard of 7 business days per emoji illustrated. This timeline can suffer some variations due to the emoji line, DPF art department volume or your feedback and instructions and in any case, DPF will not be penalized for any delay caused by those factors.
4.2 EMOJI APP PERSONALIZATION SERVICE
DPF offers a paid service of app development personalization that always includes the handmade pet illustration. The service depends on the order and DPF reserves the right to do minor variations of the features but it will always include what is advertised on the DPF website. This service needs you to define some preferences related to the metadata information like app icon, app description or keywords. All those elements will be provided by you. In the case that you do not provide that information or feedback needed for the app development and publishing, DPF will not be obligated to finish the service and either do a refund. The timeline follows the emoji standard (defined on 4.1) plus the app development times that will vary from 30 days (sticker app) to three months (iOS development app). DPF commits to maintain the app on the App Store for a year from the publishing date. After that, it will be removed from sales unless you renew it for another year. The app will be published in a free model so anyone can download it. If you want to make a paid app, it will include a new contract involving the financial and taxes issues. DPF does not guarantee a free crash users and it will not be committed to solve the app users bugs more than the DPF support page.
4.3 OWNERSHIP. APP LICENSE AND EMOJI ART RIGHTS
You hereby grant DPF an unrestricted, assignable, sublicensable, royalty-free worldwide license to exploit and use (“Use”) the images, info and content you supply to DPF by any means, for the purposes of: (i) advertising, marketing, and promoting DPF and the Service; (ii) displaying and sharing your User Content; and (iii) providing the Service as authorized by these Terms. You further grant DPF a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of your User Content. DPF will be free to use your pet image for any emoji art & marketing idea related to the service. The final emoji illustration or app will be owned by DPF and the final art rights of the emojis belongs to DPF brand who can’t use the emojis for any other purpose.
You will retain the rights to any imagery you supply to DPF like photos or drawings. You would be granting DPF a non-exclusive right to use your pet’s imagery as a foundation for the creation of artwork, and in promotional materials solely related to the marketing of the App.
You have the right to use the emoji art for any purpose and DPF grants you the full permission for the emoji art illustration service. In the case of app development service, any images used by you for any commercial purpose not directly related to the app or of this agreement – as merchandising – may include the payment of additional fees as royalties. DPF will be paid a 15% royalty fee on every sale made of their artwork.
4.4. PAYMENTS AND REFUNDS POLICY
By using this Website or by using our Services, you agree to these Payment Terms.
You are solely responsible for the payment of all taxes incurred in your use of the Service. You are solely responsible for educating yourself and obeying all laws and regulations pertaining to your use of the Service.
DPF only accepts payment upfront and through the PayPal platform for the emoji illustrations and app development orders. Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under spanish consumer law or other relevant consumer protection laws. But cancellations including refunds can be available before the artwork begins. To place a refund, return or exchange request for an order placed with DPF website You would need to contact DPF via email at [email protected] In that mentioned case, the refund will be total minus transaction fee expenses. That means that if you cancel before we start the illustration, we’ll refund you the full amount minus transfer fees. If you cancel after, DPF will not refund you the payment due the special service based on handmade work.
5. DPF APP SERVICES
DPF provides you with access to any app published under DPF or DPF board members names on the third party digital platforms: App Store and Google Play.
5.1. YOUR USE OF THE SERVICE
DPF provides you with access to the Service free of charge, but to access full benefits of the service and certain features or functionality, you must purchase subscription-based access to the Service or in the case of paid apps to pay upfront.
In return for enjoying free or subscription-based access to the Service, you acknowledge and agree that DPF may generate revenues, increase goodwill, or otherwise increase the value of DPF from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any of your User Content (defined in Section 10.a below).
If you purchase one or more subscriptions or sign up for one or more trial subscriptions to the Service, then the following terms apply:
- Auto-renewal. you agree that, once your subscription period expires, your subscription(s) will automatically renew for successive periods equal in length to the immediately preceding subscription period unless and until you cancel your subscription(s).
- Recurring charges. you authorize DPF’ applicable service provider to process your payments for any renewal subscription(s). you will be billed for the same subscription plan(s) (or the most similar subscription plan(s), if your prior plan(s) are no longer available) at the then-current subscription price plus any applicable taxes. your payments will be processed for any renewal subscription(s) using the same billing cycle as your current subscription(s). In other words, on whichever day your payment is processed for your current subscription(s), your payment will continue to be processed on that day for any renewal subscription(s). additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. DPF may partner with certain mobile carriers to offer you a special discount for the service and the terms of the payment will be subject to such offer.
- Cancellation. you may cancel your subscription(s) at any time through Apple iTunes (through an ios-based device) or google play. DPF has no obligation to offer or provide any refund for the cancellation of any subscription, but you can continue to use the subscription service until the end of the subscription period that you paid for.
You may control whether you receive promotional email communications by following the unsubscribe options on such promotional emails and you may control whether you receive promotional text messages from DPF by replying STOP to any text message you receive.
THE FREQUENCY OF ELECTRONIC COMMUNICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) WILL VARY BASED ON THE KINDS OF NOTIFICATIONS YOU SIGN UP TO RECEIVE AND YOUR USE OF THE SERVICE. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE.
Enforcement Rights. As part of your license to DPF, you give DPF the right to enforce any copyrights you possess in your User Content against any third parties who copy, reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, or otherwise exploit and use, the User Content without DPF’ consent, including by using the Service or otherwise downloading your User Content off of the App or website.
5.3. TERM AND TERMINATION
This Agreement, which commences upon your use of the Service, will continue to apply to you until terminated by either you or DPF.
You may terminate this Agreement at any time by sending written notification to DPF at hello @ doggymojis.com, subject to your terminating all use of the service. If you wish to delete any of your User Content from the Service, you can ask DPF to do so by contacting hello @ doggymojis.com and providing the necessary information requested by DPF.
DPF may terminate this Agreement at any time with or without notice to you. DPF also reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Service at any time if you breach any provision of this Agreement or violate the rights of any third-party copyright owner.
5.2. LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by DPF.
DPF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DPF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5.3. MOBILE SERVICES
The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.
You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may apply to your use of the Mobile Services, and how much your use of the Mobile Services will cost you
We make a significant effort to provide the best service we are able to, but we make no promises, representation, warranties, or guarantees that the Service will operate as intended. Errors or other interruptions may cause the Service to not function as intended. By using the Service, you understand and accept this risk.
Neither DPF nor its affiliates (collectively, ” DPF “) make any warranties or representations about the service and any content available on the service, including, but not limited to, the accuracy, reliability, completeness appropriateness, timeliness, or reliability thereof. DPF will not be subject to liability for the truth, accuracy, or completeness of any content on the service, or for errors, mistakes, or omissions therein, or for any delays or interruptions of the data or information stream from whatever cause. As a user, you agree that you use the service and any content thereon at your own risk. you are solely responsible for all content you upload to the service.
DPF does not warrant that the service will operate error free, or that the service and any content thereon are free of computer viruses or similar contamination or destructive features. If your use of the service or any content thereon results in the need for servicing or replacing equipment or data, no DPF party will be responsible for those costs. The service and all content thereon are provided on an “as is” and “as available” basis without any warranties of any kind. Accordingly, to the greatest extent permitted by law DPF disclaims all warranties thereto, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose.
GOVERNING LAW AND DISPUTE REGIME
These commercial and shall be governed by its own clauses or, in what was not contemplated therein, by the provisions of the (Europe Union) spanish provisions contained in the Commercial Code, Special Laws and Commercial Uses. To the extent a claim, dispute, or controversy arises out of or in connection with these terms or your use of the service that is not subject to mandatory arbitration both you and DPF agree that all such claims and disputes will be litigated exclusively in the (Europe Union) Spanish Courts and Courts of Santiago de Compostela. If that court would lack original jurisdiction over the litigation, then such claims and disputes will be litigated exclusively in the Courts of Santiago de Compostela., location to be specified by DPF.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We control and operate the service from DPF’ offices in Santiago de Compostela, Spain. DPF makes no representation that materials on the service are appropriate, lawful, or available for use in any locations other than Spain. Those who choose to access or use the service from locations outside Spain, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the service from jurisdictions where the content or practices of the service are illegal, unauthorized, or penalized is strictly prohibited.
7.1. LIMITATION OF LIABILITY
To the fullest extent permitted by law: DPF our licensors, our licensees, and our service providers (collectively, ” DPF parties”) shall not be liable for any special, indirect, punitive, extraordinary, exemplary, incidental, or consequential damages, or any other damages whatsoever arising out of, relating to, or resulting from your use or inability to use or access the service, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses (even if we have been advised of the possibility of such damages), whether based on warranty, contract, tort (including negligence), or any other legal theory.
DPF’ liability, and the liability of any other dpf parties, to you or any third parties in any circumstance is limited to the lesser of U.S. $100 or the total amount you have paid DPF for subscription-based access to the service as of the date of the applicable claim or for any service orders on the DPF website.
Any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release the dpf parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you would like to contact DPF in connection with your use of the Service, you may reach out by email at HELLO @ DOGGYMOJIS. COM