Terms and Conditions

Last updated: 5/01/2021

Emoji Central is a product of Octet Interactive

This Terms and Conditions document (the “T&C” or “Agreement”) is a legal agreement between Octet Interactive (“Octet”, “us”, “we” or “our”) and the user (“you”, “your” or “yours”) regarding the use of our mobile applications (“Octet Applications”), or associated websites and services (collectively, the “Services”). Please read this Agreement carefully before using the Services. Your access to and use of the Services is conditional to your acceptance of and compliance with the Agreement.

By visiting, installing, or otherwise using the Services, you acknowledge and represent that (i) you have read, understood, and agree with the terms of this Agreement; (ii) you are at least 18 years old; (iii) you are a resident of the United States; and (iv) you are not prohibited from entering into a legally binding agreement.

The Services

Mobile Applications: Octet Application is a software that can be installed on your mobile device to enhance user productivity or provide utility features. By installing our Octet Applications, you acknowledge that we may add bundled applications and customize the home screen.

Octet reserves the right to alter, make additions, deletions or modifications to the features of the Services or update the Octet Applications, without any prior intimation to you.

By installing Octet Applications or otherwise using the Services, you agree that the equipment, Internet connections and service plans required to access and use Octet Applications will be at your own expense. Your mobile or network service provider may charge you applicable data rates and/or other rates or fees when you use your mobile device to access the Octet Applications. Octet makes no representation that Octet Applications can be accessed on all wireless devices. You understand, acknowledge and accept that the Octet Applications may not function properly with or be supported by all mobile devices.

Privacy Policy

Our Privacy Policy sets out details about our information collection and processing practices. By accessing, installing, or using the Services, you confirm your acceptance of the terms of the Privacy Policy referred to in this Agreement.

License Grant

Subject to your compliance with this Agreement, Octet grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable, royalty-free license, to access, install, download, and use the Services for your personal and non-commercial use only.

You acknowledge that Octet may, at its sole discretion, alter, discontinue, or dismiss, wholly or in part, the Services, and/or your right to access, install or otherwise use the Services at any time, without prior notice.

Restriction on Use of the Services

Unless expressly permitted by this Agreement, you agree not to:

  • rent, sell, lease, share, sublicense, distribute, assign, copy, transfer or commercialize the Services;
  • interfere or attempt to interfere with the proper functioning of the Services or any features (and any activities associated with the features) of the Services;
  • attempt to disassemble, decompile, reverse-engineer, or create derivative works based on the Services or any part of  the Services;
  • attempt to install or use the Services on a device that does not belong to you and where you do not have permission from the owner of such device to do the same;
  • use the Services in any manner that violates any applicable laws and regulations, or in any way cause harm to the Services, or to any person or entity;
  • act in a manner that interferes with the Services or any other user’s use of the Services;
  • use any technological devices such as robots, spiders, or any other automated data mining techniques to store, catalog, download, or otherwise reproduce or distribute content available on the Services;
  • infringe Octet’s or any third-party’s intellectual property rights including without limitation, copyrights, trademarks, logos, graphics, text, patents, trade dress or look and feel or other proprietary rights not stated but clearly intended;
  • bypass or attempt to bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Services;
  • use the Services to copy, download, host, transmit, store, send, use, publish or distribute any material that consists of (or is linked to) any malicious software such as spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other similar software;
  • access, re-create or modify the source code of any of the Services in any way;
  • remove any copyright, trademarks, or other intellectual property notices displayed or contained in the original material of the Services; and
  • link/deep-link to the Services, scrape or frame the content on the Service, without our express written consent

Paid Subscriptions

Subscription: Octet Applications provide users with certain paid features through in-application purchases. If you wish to use the paid features offered by Octet Applications, you can subscribe to the packages (monthly, quarterly or annually), as may be available. To manage user subscriptions and accept payments, we may use services offered by application listing platforms (Eg. Google Play Store) (“Application Listing Platform”) or other third-parties offering similar services.

Renewal: Unless you manually cancel your subscription, your package shall renew automatically at the end of the applicable subscription period.

Cancellation: You can choose to cancel your subscription at any time. Please be informed that upon cancelling your subscription, we will terminate your access to the paid features upon completion of the subscription period. You may continue to access the paid features of the Octet Application till the end of the current billing period. We shall not be liable to refund any amount paid prior to such cancellation.

For more information on cancelling subscriptions and any information related to refunds within 48 hours of purchasing the paid features, please visit the Application Listing Platform listed below:

Google Play Store - https://support.google.com/googleplay/answer/2479637?hl=en&ref_topic=2450225.

Removal of Octet Applications

You can remove Octet Applications from your device at any time by uninstalling them in accordance with the uninstall instructions of your device. For more information on how to uninstall an application, please refer to your device manual or use the application manager offered within your device.

Intellectual Property

All intellectual property including without limitation, all content, software, the source code, logos, graphics, service marks, trademarks, trade dress, and other proprietary content and material appearing on or downloadable from the Services is owned by us or our service vendors and is protected by laws governing Intellectual Property Rights. The Services may be integrated with third-party content and services. We claim no rights or ownership of any such content or services.  All third party logos, trademarks, or service marks displayed on the Services are the property of their respective owners. Unless expressly stated in this Agreement, Octet does not endorse and is not affiliated with the holders of any such proprietary rights. 

DMCA POLICY AND NOTICE

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright laws, and have reason to believe that any material or content appearing on the Services may be in infringement of any copyright holder’s rights, please report such an alleged copyright infringement by completing a DMCA Notice and delivering it to Octet Interactive’s Designated Copyright Agent at [email protected]. Upon receipt of Notice as described below, Octet Interactive will take whatever action it deems appropriate in its sole discretion, including removal of the challenged content from the Services. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.

Your DMCA notice should include the following details:

  1. 1. A description of the following:

(i)   the copyrighted work that you, in good faith, believe is infringed; and

(ii)   where such allegedly infringing copyrighted work appears on the Services

  1. 2. Contact details of the copyright owner such as name, telephone number, email address and physical address
  2. 3. The following declarations in the body of the Notice:
  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  1. 4. An electronic or physical signature. 

Third-party links and services

The Service(s) may be integrated with links to third-party website(s), service(s), or content that is not owned or controlled by Octet. You understand and acknowledge that Octet has no control over and assumes no responsibility for the content, material, or privacy practices of any third-party websites or services. All third-party material and content including but not limited to search results, information, text, videos, graphics, and software shall be the sole responsibility of such third-party providers. You further acknowledge and agree that Octet shall not be responsible or held liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such sites or services. Your interaction or engagement with any third-party websites and/or services, linked or otherwise made available through the Services, is at your own risk.

Affiliate Links:

Octet Applications may provide hyperlinks to affiliated websites that pay us a small commission, at no cost to you, each time you access or interact with such hyperlinks through the Services. You understand and acknowledge that Octet does not verify affiliate websites and does not check, audit, monitor or control: the identity, credibility or bona fides of the affiliate(s); the security of affiliate websites; or the correctness of the information displayed on affiliate websites. Octet shall not be liable for any loss or damage arising out of any use of any affiliate website, any information supplied or offers made therein, or any contract with an affiliate. Octet shall not be responsible for the enforcement of any contractual obligations of an affiliate towards you, and shall not be obligated to mediate between you and the affiliate. Your interaction or engagement with any affiliate websites, linked or otherwise made available through the Octet Applications, is at your own risk.

DISCLAIMER

OCTET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, WITHOUT LIMITATION. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. OCTET MAKES NO WARRANTY THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE AND RELIABLE, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS. OCTET EXPRESSLY DISCLAIMS ANY WARRANTIES THAT ARE PROVIDED BY THIRD PARTIES BY OR THROUGH THE SERVICES. ANY RELIANCE ON OR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK.

ALL INFORMATION PROVIDED AS PART OF THE SERVICES IS INTENDED TO BE GENERAL IN NATURE AND IS PROVIDED FOR YOUR CONVENIENCE ONLY. YOU SHOULD NOT RELY ON IT IN CONNECTION WITH THE MAKING OF ANY DECISION. WHILE OCTET TRIES TO ENSURE THAT ALL INFORMATION PROVIDED AS PART OF THE SERVICES IS CORRECT, IT DOES NOT GUARANTEE THE ACCURACY AND RELIABILITY OF SUCH INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT OCTET SHALL NOT BE HELD LIABLE FOR ANY ACTION YOU MAY TAKE AS A RESULT OF RELYING ON SUCH INFORMATION OR ADVICE OR FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOU TAKING ANY ACTION.

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL OCTET, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES SERVICE VENDORS/PROVIDERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY PARTY FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE,  OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, AND ITS RELATED CONTENT & MATERIALS, REGARDLESS OF WHETHER ANY SUCH CLAIM ARISES UNDER OR RESULTS FROM CONTRACT, TORT, OR STRICT LIABILITY AND EVEN IF OCTET WAS INFORMED OF OR ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

Indemnification

You agree to indemnify, defend and hold Octet its affiliates, subsidiary companies, advertising partners, officers, directors, employees, consultants, service vendors/providers and agents harmless against any and all third party claims, damages, losses, liabilities, and/or costs and expenses including all legal costs, such as amounts paid in settlements, court costs,  reasonable attorneys’ fees and costs of investigation that Octet may incur or suffer as a result of your use of the Services, your violation of the Agreement, or your infringement of any intellectual property or other rights of any individual or entity. 

You agree that (i) Octet shall be entitled to assume exclusive defense and control, with a counsel of its choice, over any proceeding subject to indemnification by you; (ii) all costs related to such proceedings will be borne by you; and (iii) you will use reasonable efforts to cooperate with such defense and provide all information relevant to the claim(s) immediately.

Modifications

Octet may, at its sole and absolute discretion, without prior written notice, modify or update the provisions of this Agreement. In the event that Octet modifies or updates the terms of the Agreement, the revised Agreement will be posted on the respective website related to the Services with the effective date of the updated T&C mentioned at the beginning of the updated Agreement. Continued use of any part of the Service(s), following an update to this Agreement, constitutes your complete and irrevocable acceptance of the updated terms. If you do not agree to any of the changes made, you may not access or use our Service(s).

Miscellaneous

  • No waiver – No failure or delay on our part to exercise any right, remedy, or power under this Agreement shall operate as a waiver thereof.
  • Governing Law and Arbitration – This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. In the event of any claim(s) or dispute(s), against Octet, by you, you agree to submit to the exclusive jurisdiction of courts in New York.   
  • Severability –Should any provision of this Agreement be determined illegal, invalid, or otherwise unenforceable by a court of competent authority and jurisdiction, only such provision(s) that are declared illegal, invalid, or otherwise unenforceable shall be inoperative, the other provisions shall nevertheless remain effective and enforceable.
  • Class Action Waiver – Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, (including but not limited to the breach, termination, or validity thereof) and the Services (including but not limited to your access and/use of our service or data processing ) shall be resolved on an individual basis only. To that end, you hereby waive your right to commence, become a party to, or remain a participant in any group, representative, class, collective, or hybrid class/collective action in any court, an arbitration proceeding, or any other forum, against Octet.
  • Complete Agreement – This Agreement along with the Privacy Policy constitutes the complete agreement and understanding between Octet and you and supersedes and preempts any prior understandings, agreements, or representations between Octet and you, whether written or oral, which may be related to the subject matter herein in any way.

Contact Us

If you experience any technical issues with the Services or would like to contact us regarding the terms of this Agreement, you may reach out to us at

Octet Interactive

251 Little Falls Drive, Wilmington, DE 19808, USA

[email protected]