My Adult Emoticons License Agreement.
Definitions used in the Agreement shall have the following meanings;
"Agreement" means this My Emoticons end user license agreement to be entered into by My Emoticons and you;
"My Emoticons" or "we" means My Emoticons LLC, a company incorporated in the New York, USA
"Service" means the service and/or software provided by My Emoticons Limited;
"you" and "your" means you, the person entering into this agreement with My Emoticons
By clicking on "I agree", "download", "buy now" or other button or link that initiates and installs or downloads the Service you agree to be bound by these terms and conditions. Without agreeing to be bound by such terms and conditions, you will be unable to use the Service that My Emoticons provide. By accessing or using the Service, you agree to be legally bound by these terms as they may be modified from time to time. We reserve the right to change these terms at any time. Amendments will take effect immediately.
My Emoticons provide the Service as either paid-for content or free of charge. The free content is made available by bundling 3 rd party advertising software with the Service. By accepting the terms in this Agreement you are also accepting the advertising software terms and conditions; the advertising terms and conditions are displayed during installation the Service. You can remove both the My Emoticons Service and adware software at any time.
3 License Grant
My Emoticons grants you a non-exclusive, revocable, limited license to the Service
4 License conditions
You may install and use the Service supplied by My Emoticons for one user only. You acknowledge that the Service may contain content that may be offensive, indecent or objectionable. You acknowledge that it is your responsibility to observe the national law of your country regarding possible prohibitions regarding adult content .and that the Service is designed for adults only. You acknowledge that all Intellectual property remains the property of My Emoticons or its licensor or other content owner. You will comply with the terms of any agreement required by the owner of intellectual property rights in all aspects of the Service supplied to you. You agree that the Free Service may provide a ' Refer a Friend' facility that will interoperate with your current instant messaging client and send an email message to those users you select during installation.
You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws specifically prohibit such restriction) or create derivative works based on the Software. In no event are you permitted to publish, re-transmit, re-distribute or otherwise re-produce any of the Software supplied.
You acknowledge that you will not circumvent, or attempt to seek to circumvent, any of the security safeguards of My Emoticons or any of its suppliers;
Your acceptance of these terms and conditions acts as a general release of My Emoticons (and all of its officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits) arising out of or in any way connected to your use of the Service. You waive any claim you may have against us which is in any way connected with a dispute you have with another user of our Service and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or willful misconduct by us.
My Emoticons is providing the Service on an "as is" basis and makes no representations or warranties of any kind with respect to the Service or any Software supplied to you and disclaims all such representations and warranties. In addition, My Emoticons make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our Service. All liability of My Emoticons howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
My Emoticons has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Service at its sole discretion.
7 Compliance with laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Service, including you use of any material of an adult nature contained therein.
8 Copyright & Trade marks
My Emoticons is the proprietor of the My Emoticons trade mark and get-up. All other trade marks, product names and company names or logos viewed via the Service are the property of their respective owners. No permission is given by My Emoticons in respect of the use of any such brand names, or titles or copyrights and such use may constitute an infringement of the holder's rights.
My Emoticons respects the rights of copyright owners. If you believe copyright infringement has occurred send email to info @ myemoticons.com and My Emoticons will take appropriate action.
Except as otherwise stated, any notices that you wish to send to us should be e-mailed to support @ myAdultImages.com
10 Assignment and Sub-Licensing
You are not entitled to assign, charge, hold on trust for any third party or otherwise transfer any of your rights or obligations hereunder nor sub-license the use (in whole or in part) of the access to the software or content provided to you via the Service without the prior written consent of My Emoticons.
11 Entire agreement
This Agreement embodies and sets forth the entire agreement and understanding of the parties and supersedes all prior oral representations (including negligent representations) or written agreements, understandings or arrangements with respect to the subject matter hereof. Neither party shall be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in this Agreement save in respect of any statements made fraudulently or matters fraudulently concealed.
12 Applicable law
These terms and conditions shall be governed by and interpreted in accordance with the laws of the United Kingdom whose courts shall have jurisdiction to resolve any disputes between us.