MYFITMOJI and any of our other products or services (which we refer to collectively as the “Services”) is operated by MYFITMOJI ("MYFITMOJI"), and the terms "we," "us" and "our" as used refer to MYFITMOJI. We may refer to you, as “user”, “you” or “your”.

 

The Service, including all information, tools and products available, is offered to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. BY USING THIS SERVICE, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. DO NOT USE THE SERVICE IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE. You are always bound by the terms and conditions that apply at the time of your use of our Service and you should periodically visit this page to review them, so you know the terms and conditions that apply to you. Your continued use of our Service means that you accept and fully agree to the terms and conditions that apply at the time of your use.

 

The term “use” means and includes access, interaction, sending and receiving information, downloading and uploading, posting, browsing, obtaining customer service and engaging in any other activity or using the features and functions of the Service, as a visitor, registered user or otherwise.

 

1. For Customers and Perspective Customers of MYFITMOJI.

 

The Service provided by MYFITMOJI are intended for customers and perspective customers who seek information on our tools, products, and service.

 

2. User Content and Submissions.

 

Although MYFITMOJI does not generally accept content for posting from its customers (referred to as “users”) any content posted on our Service by a user is the sole responsibility of the User and is referred to as “User Content.” With regard to your User Content, you represent and warrant that you have the right to submit, post and display it, that it does not infringe the intellectual property rights of any third party, and that MYFITMOJI claims no ownership or control over User Content and takes no measures and has no obligations, other than as set forth in Section 7 of this Agreement, to protect your intellectual property. Although, you retain all patent, trademark, and copyrights to any User Content you submit, post, or display on our Service and you are responsible for protecting those rights, as you deem appropriate, and in return for using our Service, you grant to us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute, and publish such User Content. MYFITMOJI reserves the right to refuse to accept, post, display or transmit any User Content at its sole discretion.

 

MYFITMOJI may review and remove any User Content that, in its sole judgment, violates our policies, community guidelines, applicable laws, or is abusive, disruptive, offensive, or illegal, or violates the rights of, or harms other users, third parties, or MYFITMOJI.

 

MYFITMOJI does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content, derivative works that are or may have been created from User Content, or any other communications posted by Users, nor does MYFITMOJI endorse any opinions stated in User Content.

 

By using MYFITMOJI’s Service, you accept and release MYFITMOJI and agree to indemnify, defend, and hold MYFITMOJI harmless from any liability whatsoever arising out of or relating to the posting of User Content including, but not limited to, claims for defamation, intellectual property infringement, employment or hiring discrimination, or claims or liability for non-compliance with any law or regulation.

 

The following is a partial list of User Content that is prohibited on the Service. The list below is for illustration only and is not a complete list of all prohibited User Content. Visit our Community Guidelines for a full list of all prohibited User Content. Furthermore, this list of examples creates no right on the part of Users to require MYFITMOJI to remove or permit any particular content on the MYFITMOJI Service.

 

By way of illustration, prohibited content includes User Content that:

 

• is implicitly or explicitly offensive, such as User Content that engages in, endorses, or promotes racism, bigotry, discrimination, hatred, or physical harm of any kind against any group or individual;

• harasses, incites harassment, or advocates harassment of any group or individual;

• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, "spamming" or "phishing";

• in the sole discretion of MYFITMOJI, promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

• promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing, or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

• infringes the trademark, trade dress, or publicity rights of a third party;

• contains restricted or password only access pages, or hidden pages or images;

• displays or links to pornographic, indecent, or sexually explicit material of any kind;

• provides or links to material that exploits people under the age of 18 in a sexual, violent, or other manner, or solicits personal information from anyone under 18;

• solicits passwords or personal identifying information from other Users.

• is deemed, in the sole discretion of MYFITMOJI, to not be inconsistent with MYFITMOJI business goals and company values.

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MYFITMOJI is not responsible for postings on our Service or other third parties. Users will indemnify, defend, and hold MYFITMOJI harmless from any claims arising out of any User Content posted by you or via your account on the MYFITMOJI Service.

 

3. Linked Content.

 

MYFITMOJI’s Service may contain links to websites over which we have no control. MYFITMOJI cannot and does not screen the sites referenced. MYFITMOJI is not responsible for objectionable content that may be available on linked sites nor does MYFITMOJI assume responsibility for the goods, services, or information provided by such sites.

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4. Use of Data / Privacy.

 

We collect limited non-personally identifying information your browser makes available whenever you visit any Service through the standard use of "cookies" as commonly used on the internet. This log information includes your Internet Protocol address, browser type, browser language, the date and time of your query and one or more cookies that may uniquely identify your browser. This information is aggregated, and we use the information to monitor operation and improve our services.

 

MYFITMOJI uses personally identifying information to improve our Service to you and improve our Service. At this time, MYFITMOJI does not provide your personal or identifying information to other companies or advertisers of goods or services, but MYFITMOJI reserves the right to do so. If you do not wish your personally identifying information to be shared with third parties, please contact us at contact@myfitmojiapp.com.

 

We may use your data for:

 

• internal market research and product development/enhancement

• metrics and estimates for utilization rates. While these metrics and estimates are considered accurate, their accuracy may not be precise and is not guaranteed.

• research that we might present or publish at professional conferences, peer reviewed journals, trade publication and on our Service.

 

With regard to your privacy:

 

• We use standard, commercially available techniques to protect your privacy but a determined hacker can breach any system by attacking our system directly. We are not responsible for "hacks" of our Service.

• We collect no social security numbers.

 

5. Trademarks and Copyrights.

 

The MYFITMOJI name and logo and all related product and service names, design marks and slogans are trademarks of MYFITMOJI and may not be used in any manner without the prior written consent of MYFITMOJI. All other product and service marks are trademarks of their respective owners. Nothing on this Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Service without the owner's prior written permission.

 

This Service and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

 

MYFITMOJI reserves all rights not expressly granted in and to the Service and its content.

 

6. Intellectual Property Claims.

 

MYFITMOJI respects legal rights and intellectual property rights. Generally speaking, intellectual property claims for services such as those provided by MYFITMOJI generally involve claims of copyright infringement or trademark infringement.

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A. Copyright Claims:

i. Notice of Claim:

 

MYFITMOJI has in place a procedure that is compliant with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512 et. seq., for reviewing requests to remove infringing content subject to copyright from our Service if there is a bona fide claim that the posted material infringes your intellectual property rights.

 

All Notices to MYFITMOJI with regard to copyright infringement claims should be sent to MYFITMOJI’s Digital Millennium Copyright Act Agent at:

IPClaims@kennyhertzperry.com

 

Include the term, INFRNGEMENT in the subject line and include the following information as required by §17 U.S.C. §512(c)(3) in your notice:

 

• Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);

• Reasonably sufficient detail to enable us to precisely identify the material that you claim to be infringing and locate the material that is claimed to be infringing (for example a link to the page and a copy of the page that contains the accused material);

• Your contact information so that we can contact you (for example, your name, your address, telephone number, email address);

• Documentation, if any, of the legitimacy of the copyright or trademark claim you are presenting such as a copy of the Trademark Registration or a Copyright Registration. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the owner of the intellectual property, its agent, or the law;

• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.

• Your physical or electronic signature. Your complaint will not be processed unless you provide an electronic or a physical signature. An electronic signature should be provided with between slash marks / / along with some identifying group of numbers or symbols to verify your identity, e.g., /John Smith #8375309/.

 

ii. Resolution or Counter-Notice:

 

Upon receipt of your complaint, we may (a) contact whoever posted the content or (b) take down the accused content and also contact whoever posted the content. Either way, MYFITMOJI (or if the content is posted by a third-party, then the third-party) may file a "counter notice" to IPClaims@kennyhertzperry.com including the following as provided by 17 U.S.C. §512(g)(3)(D):

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

• Documentation, if any, of any rights you may have to the posted material and a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

• Your name, address, and telephone number;

• A statement that – as the posting party – you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or in a District in which MYFITMOJI may be found that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;

• Your physical or electronic signature.

 

If a posting party provides us with the information as required above, we may reinstate the posted content unless the party originally filing the complaint has informed us that they have filed an action in Federal District Court to restrain posting of the content.

 

B. Trademark Claims:

i. Notice of Claim:

 

If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), MYFITMOJI requests that the Complaining Party substantiate such claim by providing the following information via email to IPClaims@kennyhertzperry.com.

 

The words "Trademark Claim" should appear in the subject line of the email. The Trademark Claim must provide the following information in order for MYFITMOJI to consider it:

 

• A depiction of the trademark, service mark, registered trade dress, name, or other indicia of origin that is claimed to be infringed, including any registration numbers;

• The geographical area in which you claim that your trademark rights apply;

• The identifying information of the mark owner, including name, post office address, telephone number and email address;

• The goods and services to which you claim your trademark rights apply;

• The date the mark was first used in commerce anywhere by the owner of the mark;

• The date on which the mark was first used in interstate commerce in the United States;

• A short explanation as to the manner, extent, and factors that are likely to give rise to confusion as a result of the alleged infringer’s use of the allegedly infringing mark;

• The webpages, URL’s, or postings on MYFITMOJI’s Service that will allow MYFITMOJI to verify the use of the allegedly infringing use and locate it on the MYFITMOJI’s Service;

• A good faith certification, signed under penalty of perjury, stating that:

a) The content of the website as identified above infringes the rights of the mark owner;

b) The name of the mark owner;

c) That you are the mark owner or are authorized to represent the mark owner;

d) Any identifying contact information you may have with regard to the alleged infringer;

e) And that you know of no defense – such as that the alleged infringer has permission to use        the mark – that would justify the alleged infringer’s use of the mark.

 

ii. Resolution and Counternotice:

 

Upon receipt of your complaint, we will respond or, if the content was posted by some other party (a) contact whoever posted the content or (b) temporarily take down the accused content and also contact whoever posted the content. Either way, the posting party may file a "counter notice" to contact@myfitmojiapp.com including the following:

 

• Any documentation that it has permission to use the marks alleged in the Notice of Claim;

• Any explanation, justification, or information justifying the use the mark by the posting party, including that,

• The material used is not likely to be confused with the mark of the Claimant;

• That the Claimant does not have the rights claimed in the Notice of Claim;

• That the posting party has a license to use the material posted (if so, provide documentation of such license);

• Any other reason why the use of the material that is allegedly infringing in the Notice of Claim is not infringing.

• If a posting party provides us with the information as required above, we may reinstate the posted content unless the party originally filing the complaint has informed us that they have filed an action in Federal District Court to restrain posting of the content.

 

7. Your Rights and Waivers of Rights.

 

• Services provided on the MYFITMOJI Service are provided "as-is" and to the fullest extent permitted by law, MYFITMOJI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Your use of MYFITMOJI’s Service shall constitute agreement to these terms and policies. This agreement is made in State of Missouri and shall be construed as if both parties jointly wrote it. All claims arising out of or relating to this agreement shall be litigated exclusively in the State of Missouri. These terms constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms, and conditions applicable to the subject matter hereof. No other statements or promises have been relied upon with regard to this Agreement or these policies. Any notices to MYFITMOJI must be sent to:

 

Innovative Entertainment Technologies, LLC.

ATTN: I.E.T, LLC,

1501 Westport Road, Suite 101, Kansas City, MO 64111.

Email: contact@ietechnologies.com