Terms of Service & Privacy Policy

Services:

This Agreement is between you and Emoon. ("Company" or "we" or "us") concerning your use of (including any access to) Emoon ("we," "us," "our"). Emoon provides its services (described below) to you through its website located at www.emoon.io (the "Site") and through its related mobile applications and services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located below. All such terms are hereby incorporated by reference into these Terms of Service.

Services Description:

The Service assists you in exchanging certain digital tokens, coins, cryptocurrency, altcoins and other blockchain-based assets (“Assets”).

General Practices Regarding Use and Storage:

You acknowledge that Emoon may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Emoon servers on your behalf. You agree that Emoon has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Emoon reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Emoon reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Use

User Conduct:

You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "transmit") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by us. We reserve the right to investigate and take appropriate legal action against anyone who, in Emoon's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
  1. email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Emoon, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Emoon or its users to any harm or liability of any type;
  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  3. violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. solicit personal information from anyone under the age of 18;
  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Fees:

To the extent the Service or any portion thereof is made available for any fee, you may be required to pay a fee as explain in the FAQ. You represent and warrant to Emoon that such information is true and that you are authorized to use the payment instrument. We reserve the right to change Emoon's prices at any time.

Special Notice for International Use; Export Controls:

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use:

Unless otherwise expressly authorized by Emoon or within the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service or access to the Service. Unless otherwise expressly agreed by Emoon, the Service is for your personal use.

Mobile Services:

The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Emoon and other entities by notifications, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Intellectual Property Rights

Service Content, Software and Trademarks:

You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Emoon, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (for example, mobile applications, badges and other widgets) is the property of Emoon, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Emoon.
The Emoon name and logos are trademarks and service marks of Emoon (collectively the "Emoon Trademarks"). Other Emoon, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Emoon. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Emoon Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Emoon Trademarks will inure to our exclusive benefit. Any permitted use of the Emoon Trademarks must be in accordance with our policies.

Third Party Material:

Under no circumstances will Emoon be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service. You acknowledge that Emoon may not pre-screen content, but that Emoon and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Emoon and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Emoon, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service:

You are solely responsible for the content and other materials you upload through the Service or share with other users or recipients (collectively, "User Content"). You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Emoon and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Emoon are non-confidential and Emoon will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Emoon may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Emoon, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints:

Emoon respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Emoon of your infringement claim in accordance with the procedure set forth below.
Emoon will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Emoon's Copyright Agent at info@emoon.io (Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice:

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  1. your physical or electronic signature;
  2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Emoon will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy:

In accordance with the DMCA and other applicable law, Emoon has adopted a policy of terminating, in appropriate circumstances and at Emoon's sole discretion, users who are deemed to be repeat infringers. Emoon may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Transactions

Our Site assists you in exchanging certain digital tokens, coins, cryptocurrency, altcoins and other blockchain-based assets (“Assets”). By submitting Transaction Information through the Site, you grant to us the right to provide the Transaction Information to users of the Site and other third parties. We do not guarantee the identity of any provider or receiver of Transaction Information, or the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Transaction Information or any Transaction. Further, by sharing Transaction Information through the Site, you represent and warrant that:
  1. The Assets exchanged in a Transaction will be used only in a lawful manner.
  2. In connection with a Transaction, you will only sell legally-obtained Assets that belong to you.
  3. You will not engage in, further, perform, undertake, aid or abet in any unlawful activity (including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, intellectual property infringement, or violent or abusive activities) (“Prohibited Activity”) through the Transactions or use of the Site. We reserve the right to refuse to publish, post or otherwise make available any Transaction Information if we suspect that the applicable Transactions relate to or have a high risk of relating to a Prohibited Activity, or if we believe the Transaction Information is erroneous.
  4. You will obey all applicable laws in connection with Transactions.
  5. You are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services. You are not and have not been placed on the “Specially Designated Nationals and Blocked Persons List” by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury.
  6. You are not and have not been placed on the “Denied Persons List” by the Bureau of Industry and Security of the United States Department of Commerce.
  7. You will not use the Site if the laws of your country prohibit you from doing so in accordance with this Agreement.
You agree to pay all Fees (as defined below) and other amounts incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. You acknowledge and agree that we have no control over, or liability for, the delivery, quality, safety, legality or other aspect of any Assets that you may purchase or sell to or from a third party, and that we are not responsible for ensuring that a buyer or seller with whom you transact actually completes the Transaction or is authorized to do so. If you experience a problem with any Assets purchased from or sold to a third party through a Transaction, you bear the entire risk. Fees. In connection with your use of the Site to facilitate Transactions, you agree to pay the fees (“Fees”) as described in the FAQ, available at https://www.emoon.io/faq. To the maximum extent permitted under Applicable Law, the Site(and any of its content or functionality) is provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Site(including any related data) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in the Siteare correctable or will be corrected. The Siteutilizes APIs to connect users with the Ethereum Blockchain. Transactions on Ethereum or that otherwise involve the use of an underlying blockchain or other decentralized or permissioned infrastructure (the “Distributed Ledger Technology”) require that you pay a fee, such as “gas” charges on the Ethereum network, for the computational resources required to perform a transaction on the particular Distributed Ledger Technology (such payments and fees, “Charges”). You acknowledge and agree that Emoon has no control over any Distributed Ledger Technology transactions, the method of payment of any Charges, if applicable, or any actual payments of Charges, if applicable. Accordingly, you must ensure that you have a sufficient balance of the applicable Distributed Ledger Technology network tokens stored at your Distributed Ledger Technology-compatible wallet address (“Distributed Ledger Technology Address”) to complete any transaction on the Distributed Ledger Technology before initiating such transaction. You understand that Emoon is not registered or licensed by the Commodity Futures Trading Commission, Securities and Exchange Commission, Financial Crimes Enforcement Network, or any financial regulatory authority, and that no financial regulatory authority has reviewed or approved the App. You further understand that ZeroEx is not acting as an investment adviser or commodity trading adviser to any person, does not offer securities services in the United States or to U.S. persons, and that the contents of the Sitedo not constitute advice or recommendations concerning any commodity, security or other asset.
Risks. Use of the Site and participation in Transactions may carry financial risk. You acknowledge and agree that you are aware of such risks, including the following: Exchanging Assets can be very risky. Assets are, by their nature, highly experimental, risky, volatile and Transactions are generally irreversible. All Transactions are final and there are no refunds. You acknowledge and agree that you will access and use the Site and participate in Transactions at your own risk. The risk of loss in trading Assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. Understanding Assets and Transactions may require advanced technical knowledge. Assets are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks of trading Assets. Any reference to a type of Assets on the Site does not indicate our approval or disapproval of the underlying technology regarding such type of Assets, and should not be used as a substitute for your own understanding of the risks specific to each type of Assets. We make no warranty as to the suitability of the Assets referenced on the Site and assume no fiduciary duty in our relations with you. You accept the risk of trading Assets. Emoon does not advise on trading risk. In entering into any Transaction, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of the Transaction and the underlying Assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any Transaction or any underlying Token. You accept all consequences of participating in Transactions, including the risk that you may lose access to your Assets indefinitely. All Transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with Transactions. Under no circumstances will the operation of all or any portion of the Site be deemed to create a relationship that includes the provision or tendering of investment advice. You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your Transactions, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of the Site and participation in any Transaction. You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. You agree to accept the risk of a Transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any Viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available Virus screening and prevention software. By accessing and using the App, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital tokens such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital tokens are highly volatile, and that there are risks associated with digital tokens including (but not limited to) those related to adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You understand and agree to assume full responsibility for all of the risks of accessing and using the Siteand interacting with the Ethereum Blockchain, and agree that Emoon is not responsible for any loss you may experience as a result of these risks. Emoon must comply with applicable law. We comply with all legal requests for information, and reserve the right to provide information, including Transaction Information, to law enforcement personnel and other third parties to answer inquiries, to respond to legal process, to respond to the order of a court of competent jurisdiction and those exercising the court’s authority and to protect the Company and our users. Operation of Underlying Protocols. We do not own or control the underlying software protocols that govern the operation of Assets referenced on the Site. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By accessing or using the Site, you acknowledge and agree (i) that we are not responsible for operation of the underlying protocols and that we make no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Token referenced on the Site. In the event of a fork, you agree that we may temporarily suspend our operations (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that we assume absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

Indemnity and Release

You agree to release, indemnify and hold Emoon and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warrantiess

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Emoon EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Emoon MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PERKS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liabilityy

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Emoon WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Emoon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Emoon'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Emoon IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Termination

You agree that Emoon, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard your archives or any content within the Service, for any reason, including, without limitation, for lack of use or if Emoon believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Emoon may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Emoon may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Emoon will not be liable to you or any third party for any termination of your access to the Service.

User Disputess

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Emoon will have no liability or responsibility with respect thereto. Emoon reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Emoon and govern your use of the Service, superseding any prior agreements between you and Emoon with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software (including without limitation Social Media Services). 

Privacy Policy

This Privacy Policy governs the manner in which Emoon collects, uses, maintains and discloses information collected from users (each, a “User”) of the emoon.io website (“Site”). Personal Information “Personal Information” is information that identifies you as an individual or relates to an identifiable individual, such as name and email address. We may collect Personal Information from Users when they voluntarily provide it to us in a variety of ways, including, but not limited to, when Users visit our Site, subscribe to our newsletters, fill out a Site form, or in connection with other activities, services, features or resources we make available on our Site. Users may visit our Site without providing Personal Information. Users can always refuse to supply Personal Information; however, doing so may prevent them from engaging in certain Site-related activities. How We Use Personal Information Emoon may use Personal Information for the following purposes:
  1. To respond to a User’s inquiries or fulfill a User’s requests and provide related customer service.
  2. To send administrative information to a User, such as changes to our terms, conditions and policies.
  3. To personalize the User’s experience on our Site.
  4. For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, improving our Site, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  5. To send periodic newsletters, via email, if the User has opted in to receive our newsletters.
If at any time the User would like to unsubscribe from receiving future marketing emails, he or she can do so by following the unsubscribe instructions contained in each such email. Disclosure of Personal Information We may disclose Personal Information to our third-party service providers that provide services such as website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing and other services. We may also use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, which may include laws outside your country of residence, to respond to requests from public and government authorities, which may include authorities outside your country of residence, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others. In addition, we may use or disclose your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Other Information
  1. “Other Information” is information that does not reveal a User’s specific identity or does not directly relate to an identifiable individual, such as:
  2. Browser and device information
  3. Information collected through cookies, pixel tags and other technologies
  4. Demographic information and other information provided by a User that does not reveal his or her specific identity
  5. Information that has been aggregated in a manner that does not reveal Users’ identities
If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy. We may collect Other Information about Users whenever they interact with our Site. Other Information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. We and our service providers may collect Other Information in a variety of ways, including:
  1. Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language and Internet browser type and version. We use this information to ensure that the Site functions properly.
  2. Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences and other traffic data. We use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize a User’s experience. We also gather statistical information about use of the Site in order to continually improve its design and functionality, understand how it is used and assist us with resolving questions about it. We do not currently respond to browser do-not-track signals. If a User does not want information collected through cookies, most browsers allow a User to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. A User may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, a User does not accept cookies, he or she may experience some inconvenience in the use of the Site.
  3. Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about use of the Site and response rates.
  4. IP Address: Your IP address is automatically assigned to a User’s computer by his or her Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a User accesses the Site, along with the time of the visit and the pages were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Site. We may also derive your approximate location from your IP address.

Third-Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Site links. The inclusion of a link on the Site does not imply endorsement of the linked site or service by us. How We Protect Your Personal Information We seek to use appropriate data collection, storage and processing practices and security measures designed to protect against unauthorized access, alteration, disclosure or destruction of Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below. Jurisdiction and Cross-Border Transfer The Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. A User’s Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Site, a User consents to the transfer of information to countries outside of the User’s country of residence, including the United States, which may have data protection rules that are different from those of the User’s country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access a User’s Personal Information. Changes to this Privacy Policy Emoon may update this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about our information practices. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. Your Acceptance of this Privacy Policy By using our Site, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not use our Site. Contacting Us If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us at: admin@emoon.io. This Privacy Policy was last updated on January 27, 2018.