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Vimodji Privacy Policy
This Privacy Policy describes the policies and procedures of Youtmoods, Ltd ("we", "our" or "us") on the collection, use and disclosure of your information on https://vimodji.com/ (the "Site") and the services, features, content or applications we offer (collectively with the Site, the "Services"). We receive information about you from various sources, including: (i) your use of the Services generally; and (ii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.
What Does This Privacy Policy Cover?
This Privacy Policy covers the treatment of personally identifiable information ("Personal Information") gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications ("Third Party Services") that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.
What Information Do We Collect?
The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.
User Content:
Some features of the Services allow you to provide content to the Services. All content submitted by you to the Services may be retained by us indefinitely, even if and after your access to the Services is terminated. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.
IP Address Information and Other Information Collected Automatically:
Information Collected Using Cookies:
Information Related to Advertising and the Use of Web Beacons:
To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called "ad networks." Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.
Advertisements served through the Services may be targeted to users who fit a certain general profile category may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.
To increase the effectiveness of ad delivery, we may deliver a file (known as a "web beacon") from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
Aggregate Information:
We collect statistical information about how users, collectively, use the Services ("Aggregate Information"). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, or your web browser.
Information related to iOS and Android app:
We collect Device IDs from iOS and Android devices and use them for tracking purposes. This information is only used to track your actions within our application in order to provide better services to you.
How, and With Whom, Is My Information Shared?
The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties.
Public Information about Your Activity on the Services:
Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services.
Information concerning your use of the Services (such as what pages you have visited) may be tracked anonymously through the use of cookies and stored by us.
Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
IP Address Information:
While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.
Information You Elect to Share:
You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services' privacy policies. This Privacy Policy only governs information collected on the Services.
Aggregate Information:
We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
Information Shared with Our Agents:
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our "Agents"). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
Information Disclosed Pursuant to Business Transfers:
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Information Disclosed for Our Protection and the Protection of Others:
We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
Information We Share With Your Consent:
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
Is Information About Me Secure?
We seek to protect user information to ensure that it is kept private; however, we cannot guarantee the security of any user information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
What Information of Mine Can I Access?
Users can access and delete cookies through their web browser settings.
What Choices Do I Have Regarding My Information?
Delete Your Account and Your Personal Data
Should you ever decide to delete your Account and Your Personal Data, you may do so by emailing accountdeletion@vimodji.com.
Note that we will need to verify that you have the authority to delete the Account. In order for us to verify that you are the account owner, you need to log in to our services via our website www.vimodji.com and visit your profile. In your profile you will find just under your image your account secret code, labeled: secret. This secret is a UUID (Unique User Identification Number). This secret only usage is for identification purposes for any possible communication with us. (ex. account deletion). Do not share this secret will anyone. We will not under any circumstances request this secret from you in any way, except for any purpose described in this privacy policy.
***Please do include this UUID in the email that you will sent to us about your account deletion!***
If you terminate your Account, any association between your Account and the information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and may remain accessible to the public.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you our Services.
However, in some cases, we do retain some Personal Data for longer, If this data is necessary to comply with our legal obligations,
resolve disputes or is otherwise permitted or required by applicable law, rule, regulation or legislation.
Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally or link back to your browser and/or device.
What Happens When There Are Changes to this Privacy Policy?
We may amend this Privacy Policy from time to time. The use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.
What If I Have Questions or Concerns?
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to support@vimodji.com. We will make every effort to resolve your concerns.
Effective Date: May 8, 2022
Vimodji DMCA Copyright Policy
Yourmoods, Ltd. ("Company") has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov DMCA PDF link). The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through Company's websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
If we receive a takedown notice in accordance with the foregoing, we will remove the material cited in the notice and attempt to notify any user who uploaded the allegedly infringing material if we have their contact information. Any such user will have the opportunity to submit a “counter-notice” as set forth below. If we identify any user as a “repeat infringer,” we will remove material that user has uploaded and terminate any accounts that user has with us.
Procedure to Deliver Counter-Notice:
If any user believes any material removed is either not infringing or that such user has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:
The user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company will forward a copy of the counter-notice to the original complaining party informing that person that Company may restore the removed material following 10 days. The original complaining party will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Company does not receive any such notification within 10 days, we may restore the material, at our discretion.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at dmca@moodgems.com:
Legal Department
Yourmoods, Ltd.
40 Gracechurch Street
London, EC3V 0BT, UK
Please read these Terms of Service (collectively with Yourmoods, Lds.’s Privacy Policy (https://vimodji.com/content/5) and DMCA Copyright Policy (https://vimodji.com/content/3), the "Terms of Service") fully and carefully before using vimodji.com (the "Site"), any of the application programming interfaces offered by Yourmoods, Ltd. (collectively, the "API") and the services, features, content or applications offered by yourmoods, Ltd. ("we", "us" or "our") (together with the Site and the API, the "Services"). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
Acceptance of Terms of Service.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Eligibility. You represent and warrant that you are at least 17 years of age. If you are under age 17, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration. While general use of the Site does not require you to have an account, to use some aspects of the Services, you must register for an account (an "Account"). You must provide accurate and complete information and keep your Account information updated. Should we require that you select a username, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Content.
Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, video clips, images, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
a. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
b. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
c. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download, stream, and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
d. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds and via our API), and including after termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after termination your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
e. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify, or block from the Services any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the final sentence of the immediately foregoing paragraph), or for no reason at all.
7. User Submissions.
You understand that all content you submit through the Services including, without limitation, data, information, photographs, graphics videos, audio files, writings, GIFs, and software ("Submissions"), whether publicly posted or privately transmitted, via forums on this Site or otherwise, are the sole responsibility of the person from whom such Submissions originated. This means that you are entirely responsible for all Submissions that you upload, post, email or otherwise transmit via this Site. We do not control the Submissions posted or otherwise provided by third parties via this Site and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using this Site and accessing these postings, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Submissions including, but not limited to, any error or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise transmitted via this Site.
You represent and agree that your Submissions to the Site are not confidential or proprietary, and you grant us the worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or in part), in any form, media, or technology now known or later developed. You also grant each user of the Site and/or the Services a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license, without the right to grant sublicenses, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions in any form, media, or technology now known or later developed. The foregoing licenses do not affect your ownership of the Submissions, unless we and you otherwise agree in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights including, without limitation, any patent, copyright, trademark or other intellectual property or proprietary rights.
8. User Conduct.
You agree to not use this Site to:
upload, post, email or otherwise transmit any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including but not limited to, a Vimodji official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge any TCP/IP packet headers or any part of the header information or otherwise manipulate identifiers in order to disguise the origin of any Submissions transmitted through this Site;
upload, post, email or otherwise transmit any Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any Submissions, including metatags, that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in those areas of this Site that are designated for such purposes;
disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
stalk or otherwise harass another;
circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach or impair or circumvent any security or authentication measures protecting the Site or the Services;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the services; or
collect or store personal data about other users.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any Submissions that are available via this Site. Without limiting the foregoing, we have the right to remove any Submissions that violate the Terms of Service or are otherwise objectionable as we determine in our sole discretion.
You acknowledge and agree that we may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users or the public.
Vimodji's API.
API License. Subject to these Terms of Service, we hereby grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, worldwide, limited, royalty-free right and license to access and use our API solely to allow for the creation of software applications that interface with the Services or to embed or otherwise display Content on third party websites and mobile platforms (collectively, the "Applications"). We reserve the right to deny and/or revoke access to the API for any reason or no reason, at any time, without notice. Subject to these Terms of Service, we hereby grant you a non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable, worldwide, limited, right and license to use, reproduce, display, and distribute the Vimodji trademarks and service marks (the "Vimodji Marks") solely in connection with your licensed and authorized use of the API. You may not use the Vimodji Marks in the titles or logos of Applications or other products or services, or in any way that implies our endorsement or sponsorship, or false association with such Applications. You shall (i) conspicuously label any Application with the words "Powered by Vimodji," and the Vimodji logo, and (ii) comply with the branding requirements that we may provide to you from time to time. For example, you agree not to use the name or logo "Vimodji," or "Yourmoods, Ltd" or any similar names or logos, in your Application. You acknowledge and agree that any and all goodwill accruing from the use of the Vimodji Marks shall inure solely to our benefit and that, other than the limited license granted herein, you have no right, title, or interest in any of the Vimodji Marks.
a. API Limitations. You agree to respect the programmatic limitations of our API and the restrictions of these Terms of Service in designing and implementing Applications. In addition, you shall comply with any limitations on the frequency of access, calls and use of the API as provided to you by us from time to time. We expressly reserve the right in our sole discretion to limit the number and/or frequency of the API requests. You acknowledge that we may change or republish the API at any time and that it is your obligation to ensure that calls or requests you make through the Application are compatible with the then-current API. We may attempt to inform you of any changes with reasonable notice so you can adjust your service but are under no obligation to do so.
b. No Misleading Users. You may not, under any circumstances, mislead or confuse users as to the features, functionality, origin, capabilities, or other aspects of an Application, including through an Application description. You shall make sure that your users understand that Applications are not official applications of ours or endorsed by us in any way.
c. Application Support. You are solely responsible for any Applications that make use of the Services and for providing all support and technical assistance to end users of the Applications. You acknowledge and agree that we have no obligation to provide support or technical assistance directly to your end users or to you, and you shall not represent to any of your end users that we are available to provide such support.
d. Ownership. The API, and all intellectual property rights therein, are and shall at all times remain our and our licensors’ sole and exclusive property.
e. Downtime and Suspensions. Your access to and use of the API or the Services may be interrupted for the duration of any scheduled, unscheduled, or unanticipated downtime, suspension or other unavailability, for any reason and in our sole discretion, including but not limited to: (i) as a result of power outages, system failures or other interruptions, (ii) for scheduled and unscheduled downtime to permit maintenance or modifications to the API or the Services, (iii) in the event of a denial of service attack or other attack or event that we determine may create any risk to us, you or any of our users, customers, or licensees, or (iv) in the event that we determine that any Service is prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any downtime, suspension or other unavailability of the API or the Services.
Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet including those that provide Content through our API, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.
Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer.
. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
. which users gain access to the Services;
i. what Content you access via the Services; or
ii. how you may interpret or use the Content.
a. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
b. The services and content are provided “AS IS”, “AS AVAILABLE” and without warranty of any kind, express or implied, including , but not limited to, the implied warranties of title, non-infrigment, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warranty that: (I) The services will be secure or available at any particular time or location; (II) Any defects or errors will be corrected; (III) Any content or software available at or through the services is free of viruses or other harmful components; OR (IV) The results of using the services will meet your requirements. Your use of the services is solely at your own risk.
Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $100.00.
Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the United Kingdom, including its conflicts of law rules, and the United Kingdom. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the United Kingdom.
Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or Content) at any time by posting updates and/or changes to the Site (or the applicable Services) or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications, including by checking these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Miscellaneous.
. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
a. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
b. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
c. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
d. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@moodgems.com.
e. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
f. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address: 40 Gracechurch Street, London, EC3V 0BT, UK
DMCA copyright policy
Please read the DMCA Copyright Policy at https://vimodji.com/content/3)
Privacy policy
Please read the Privacy policy at https://vimodji.com/content/5
Effective Date of Terms of Service: May 8, 2022
Legal
Department
Yourmoods, Ltd.
40 Gracechurch Street
London,
EC3V 0BT, UK
The world’s largest library of short videos by mood, now on your mobile phone! Vimodji is the simplest way to search and share video emojis (vimodjis) across all of your favorite social channels. Navigate through our world and be amazed with what vimodjis can express, compared to text, emoji’s, stickers and gifs!
SEARCH
• If you know exactly how you feel, go to search, find the video that reflects your feelings, have fun and enjoy!
EXPLORE
• Discover the world of feelings through our library of emotions. You know you are in Good mood but do you feel happy, excited, fantastic, cool ….?
• Explore the more than 260 “modes” in our 6 basic mood categories (Personal mood, Good mood, No mood, Bad mood, Action mood and Hyper mood).
SHARE
• Put some fun into your daily communications.
• Easily share your vimodji, “microentertain” your friends and sparkle!
Vimodji
• Animated gifs, emoji’s, and stickers are passe.
• Vimodjis are “snackable” and can express feelings in a magical way.
UPLOAD
• You discovered or created a beautiful video that expresses a feeling and want others to communicated their feelings through it? Choose the feeling it expresses, upload it on Vimodjis and be part of our community of good quality content.
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