LICENSED APPLICATION END USER LICENSE AGREEMENT

Terms and Conditions

(last updated on 1/10/2017)

  1. Introduction
    1. “E-Mo” is an online service and mobile client application owned and operated by Indigon Inc. (“Indigon” or “we”). These terms and conditions apply to all and any use, access and availability of the E-mo applications and related services (each an “E-mo Application“).  These terms and conditions incorporate our Privacy Policy and our Code of Conduct which can be found below.

    2. The E-mo Applications are made available to use or download on third party platforms, which include the App Store, Google Play, Amazon Appstore, or other third party websites which enable users to communicate using pictures and words by uploading them to first and third party networks.  The E-mo Platform (“Platform”) provides the service to create, save, and share custom images and share them across supported Social Networks (“Networks”).

    3. Your use of the E-mo Applications may require you to have a third party Network account and access to their network or services.  You hereby grant to E-mo Application express user permission to access these accounts as needed.

    4. Each time you access the E-mo Applications you are telling Indigon that you understand, accept and are able to accept these terms and conditions and agree to be bound by these terms and conditions and the terms of any of the Platforms (“Platform Terms”) , each  as amended from time to time.  If you do not accept or understand these terms and conditions or any of the Platform Terms you should not use or access any E-mo Applications or any part of them.

    5. If you are under the age of 13 years you must not access or use the E-mo Applications. E-mo Application is not available to persons under the age of 13. You agree that the date of birth and all other information you provide to E-mo or third party Network registrations and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. E-mo may, in its sole discretion, refuse to offer E-mo Applications to any person or entity. E-mo may change its eligibility criteria at any time. Any users previously suspended or removed from E-Mo by Indigon may not be permitted to rejoin.

    6. This license granted to You is limited to a non-transferable license to use the E-mo Application on any Apple, Google Android, or other Device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the Apple App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the E-mo Application on any Device that You do not own or control, and You may not distribute or make the E-mo Application available over a network where it could be used by multiple devices or individuals at the same time.

    7. You may not rent, lease, lend, sell, redistribute or sublicense the E-mo Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the E-mo Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the E-mo Application). Any attempt to do so is a violation of the rights of the Indigon and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Indigon that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

  2. Grant of License
    1. Subject to these terms and conditions and your compliance with them, Indigon grants you a non-exclusive, revocable right to store and use the E-mo Applications for personal, non-commercial purposes in accordance with these terms and conditions and the Platform Terms.

    2. This license includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the E-mo Applications.

    3. You may not transfer, sub license or deal in this right without Indigon’s prior written permission.

  3. Intellectual Property Rights
    1. These terms and conditions and the rights granted by them do not give you any rights or permission for public performance of the E-mo Applications or any part of them except as a limited use of sharing approved unchanged content created by E-mo through third party Networks.

    2. We reserve the right to copyright all user generated, created, or modified content on the E-mo Application, both privately held and publicly shared on Social Networks.

    3. These terms and conditions and the rights granted by them do not give you any title or rights of ownership in the E-mo Applications, content, or user generated content and should not be deemed a sale or transfer of any copyright or other right

    4. Unless otherwise expressly specified, all copyright, design rights, database rights, patent rights, trademark and trade dress rights and other intellectual property rights in the E-mo Applications belong to and vest in Indigon, or are licensed to Indigon.

    5. All intellectual property rights of Indigon are hereby asserted and reserved.

    6. All third party trade names and trademarks are the property of their respective owners and Indigon makes no warranty or representation in relation to them.

    7. Indigon does not claim or assert any right title or interest in any third party Communications.

  4. Restrictions and Obligations
    1. You agree to comply with these terms and conditions and all rules applicable to the use of the E-mo Applications.

    2. You agree not to register any online ID, account name or user name, or create content which is abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene.  We may alter or delete an online ID, account name or user name (including the corresponding user account), or content if we consider in our sole discretion that online ID, account name or user name, or content to be abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene.

    3. Notwithstanding any other provision of these terms and conditions you agree and undertake not to:

      1. Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the E-mo Applications or any part of them;

      2. Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the E-mo Applications;

      3. Create software which mimics any data or functionality in the E-mo Applications;

      4. Use or deal in the E-mo Applications except as permitted by these terms and conditions;

      5. Include contact details intended to enable communication outside of the E-mo Applications, in any Communication;

      6. Use your access to the E-mo Applications, or information gathered from them, for the sending of any unsolicited or bulk email;

      7. Make any public, business or commercial use of the E-mo Applications or any part of it;

      8. Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the E-mo Applications without Indigon’s prior written permission;

      9. Make the E-mo Applications or any part of it available to any third party;

      10. Display, publish, copy, print, post or otherwise use the E-mo Applications and the information contained therein for the benefit of any third party or web site;

      11. Use or process the E-mo Applications or any part of it unfairly or for any illegal or immoral purpose;

      12. Delete or obscure any copyright or other proprietary notice on the E-mo Applications.

    4. You further agree that in connection with the E-mo Applications you will not:

      1. Organize hate groups or use or promote hate speech;

      2. Cheat or engage in deceptive, fraudulent or misleading practices, including phishing for other users’ account details or unauthorized use of another user’s account or another person’s credit card or billing information;

      3. Use any unauthorized hardware or software to access or use the E-mo Applications or the Platforms or make, or distribute unauthorized software or hardware in conjunction with the E-mo Applications (including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices);

      4. Modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of the E-mo Applications of any part thereof;

      5. Bypass or attempt to bypass any user authentication systems or security feature;

      6. Attempt to hack or reverse engineer any code or equipment in connection with the E-mo Applications;

      7. Take any action that we consider to be disruptive to the normal flow of chat or use, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorized material, including junk mails, spam, excessive messages or chain letters;

      8. Provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;

      9. Sell, buy, trade or otherwise transfer your online ID, your Platform account or your personal access to the E-mo Applications or any content or services accessed via the E-mo Applications, through any means or method, including use of web auction sites;

      10. Use the E-mo Applications in any way that harms the E-mo Applications or any of affiliates, subsidiaries, licensors, service providers, partners or users;

      11. Otherwise misuse the E-mo Applications.

    5. The E-mo Applications may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of the E-mo Applications and you expressly consent to Indigon monitoring your devices random access memory (or the random access memory of any other device used to access the E-mo Applications)  for said unauthorized third party programs.

  5. Communications
    1. “Communications” means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using the E-mo Applications.

    2. The E-mo Applications are entertainment services and ancillary to this Indigon is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content – for which it is a mere conduit.

    3. The views expressed in any Communications are the views of the individual authors and not those of Indigon unless specified otherwise by Indigon.

    4. Indigon is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.

    5. By using the E-mo Applications you acknowledge that Indigon has no responsibility to review the content of any Communications and that all Communications are made available on the basis that Indigon is not required to and does not exercise any control or judgement of their content.

    6. Notwithstanding the foregoing Indigon shall be entitled in Indigon’s sole discretion to remove or reject any Communications and remove or suspend your ability to make or access Communications.

    7. You agree that Indigon may use, publish, edit, modify, record and adapt your Communications for any and all purposes relating to E-mo and the business of Indigon and you hereby grant it an unrestricted non-exclusive right and license and all necessary permissions, consents and licenses required for it to use your Communications in that way. You further waive all so called moral rights in your Communications. Any data collected in this way, including the content of your text communications, the time and location of your activities, and your Platform profile and IP address, may be used by us to enforce the these terms and conditions and / or passed to the police or other appropriate authorities. By accepting these terms and conditions or using the E-mo Applications, you expressly consent to this.

    8. You agree and undertake that you will not make any Communication or post to or transmit to or on the E-mo Applications any statement or material, nor use the E-mo Applications in any way, that:

      1. Is unlawful or which gives rise to civil or criminal liability;

      2. Promotes any illegal or unlawful activity;

      3. Infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;

      4. Includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;

      5. Is abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene;

      6. Harasses any person including but not limited to stalking or bullying;

      7. Markets or promotes any third party;

      8. Interferes with another user’s use and enjoyment of the E-mo Applications;

      9. Impersonates any moderator, administrator or any staff or other persons connected with Indigon;

      10. Infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;

      11. Includes restricted / password protected content or materials;

      12. Exploits any other person;

      13. Solicits passwords or personal information;

      14. Provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating computer viruses;

      15. Contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

      16. Tries to gain unauthorized access to any computer, servers or any part of the E-mo Applications including its servers, network and the computers of other users;

      17. Tries to gain unauthorized access to any web pages, texts, profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the E-mo Applications;

      18. Engages in or solicits commercial activities or sales without Indigon’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;

      19. Refers to any material that is inappropriate;

      20. Seeks or attempts to make any arrangement to meet a child under the age of legal consent for the country of origin or the child's country of origin (or 21 if not specified) or which may have such a meeting as its object or effect;

      21. Contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or

      22. Solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.

    9. If you discover any material which you believe contravenes these terms and conditions please inform Indigon or a forum moderator with details of the page or profile you found it on.

    10. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Indigon has no way of telling if statements made by other users are true.  This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using the E-mo Applications and its services you accept that this is the case and accept that you therefore use the E-mo Applications at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.

    11. You acknowledge and agree that, if necessary, Indigon will communicate with you via the email address you have provided to Indigon, through Platforms, or through the E-mo Applications Services.  Notices that are applicable to all Indigon’s customers shall be made available on E-mo or otherwise within the E-mo Applications or through Platforms.  You will be deemed to have received a notice at the time the message is sent or the time the notice is posted on our websites or within the Service.

    12. All emails, messages, or communication of any kind sent by Indigon and attachments thereto are intended for the addressee only.

  6. Virtual Items
    1. In the E-mo Applications you may purchase a license to use virtual items, goods, services, or points, all for the use on or in the E-mo Application (“Virtual Items or Items”) through the Apple iTunes AppStore In App Purchase (“IAP”) system.

    2. When you place an order to purchase a Virtual Item from any of the E-mo Applications through the IAP system all records are kept by Apple’s IAP system and can be checked, refunded, disputed, or rated on this system.

    3. All purchases are debited through your license agreement with Apple using the Apple iTunes AppStore.

  7. Advertising
    1. You acknowledge and agree that E-mo Applications may contain in-app advertising in accordance with the E-mo Privacy Policy.

    2. Indigon through the E-mo Applications may provide links to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional services and/or upgrades (such as in-game items). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Indigon makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from the E-mo Applications, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Indigon and may collect data or solicit personal information from you. Indigon is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply Indigon’s endorsement of these linked sites.

  8. App Developer Terms for iOS Apps
    1. The following terms of this clause are the terms which we are required by Apple Inc, (“Apple”) to notify you of and obtain your consent in respect of using the E-mo Applications:

    2. Acknowledgement – You and we acknowledge that these terms and conditions is concluded between you and us only, and not with Apple, nor any subsidiary or affiliate company of Apple. You also acknowledge that we are solely responsible for the E-mo Applications and the content thereof.

    3. Grant of license – Subject to your compliance with all conditions of these terms and conditions we grant you a non-exclusive, personal, non-commercial, revocable, non-transferable license to use the E-mo Applications on an Apple iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/legal/sla/).

    4. Maintenance and support – We are solely responsible for providing support and maintenance for the E-mo Applications. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the E-mo Applications.

    5. Product claims – You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the E-mo Applications or your possession and/or use of the E-mo Applications, including but not limited to: (i) product liability claims; (ii) any claim that the E-mo Applications fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    6. Intellectual Property Rights – You acknowledge that in the event of a third party claim that the E-mo Applications or your possession and use of the E-mo Applications infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property right infringement claim, and not Apple.

    7. Legal Compliance – You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

    8. Third Party Beneficiary – You acknowledge and agree that Apple is a third party beneficiary of these terms and conditions, and that when you accept the terms and conditions of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.

    9. Third Party Terms of Agreement – We use third party software and services in the E-mo Applications. Use of the E-mo Applications is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the E-mo Applications. More information about this can be found in our Privacy Policy.

      1. Facebook Terms of Service can be found at https://www.facebook.com/legal/terms

      2. Twitter Terms of Service can be found at https://support.twitter.com/articles/18311-the-twitter-rules

      3. Tumblr Terms of Service can be found at http://www.tumblr.com/policy/en/terms-of-service

  9. Liability
    1. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE E-MO APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND INDIGON (“APPLICATION PROVIDER” ) HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

    2. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  10. Termination
    1. Without limiting to any other rights it may have Indigon may remove, restrict, cancel or suspend access to and use of the E-mo Applications and any part of them, if it considers (in its sole discretion) that you have breached of any of these terms and conditions or if you are under 13 years old.  Additionally we reserve the right to:

    2. Contact Third Party Networks to request they cancel or suspend your accounts.

    3. Bring legal action against you if you are in breach of these terms and conditions and to participate in any government, criminal or private legal action or investigation relating to your conduct using the E-mo Applications;

    4. Temporarily or permanently discontinue the E-mo Applications and any and all services and content available through the E-mo Applications at any time, including for service maintenance and upgrades.

    5. Request to third party Networks to temporarily or permanently discontinue E-mo Applications and any and all services and content available through the E-mo Applications and/or third party Networks at any time, including for service maintenance and upgrades.

  11. General
    1. If any part of these terms is held to be invalid or void under any applicable law, the other provisions of these terms will be unaffected and remain in full force and effect.

    2. Nothing in these terms affects or excludes your statutory rights as a consumer.

    3. These terms represents the complete agreement between Indigon and you in relation to the use of the Software and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).

    4. If you have a problem with the Software, want more information, or have any other questions, comments or enquiries please contact Indigon via the web form at http://e-mo.indigoninc.com/contact.html.

    5. System Requirements: an Apple iOS approved Device running iOS 10.0 or higher

  12. Jurisdiction
    1. This license Agreement is governed by US Law and the parties submit to the exclusive jurisdiction of the Washington State, USA Courts.

  13. Contact Indigon Inc.
  14. All questions, comments or enquiries should be directed to Indigon Inc. at
  15. support@indigoninc.com
    http://e-mo.indigoninc.com
    http://www.indigoninc.com
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