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Terms Of Service Agreement

In Real Life (IRL)

Terms of Use

 These Terms of Use (“Terms”) cover your (“User”) use and access to the website www.emotolabs.com/in-real-life (the “Site”) and the Mobile App – “In Real Life” (“IRL” or the “App”) and services (“Services”) provided by Emoto Labs, LLC. Our Privacy Policy explains how we collect and use your information. By using IRL App, you (“User”) agree to be bound by these Terms, and also accept our Privacy Policy.

If you do not agree to them, do not use the app or access the service from it.

  1. Acceptance of Terms

This Service is offered to you conditioned on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published by Emoto Labs, LLC (collectively, the “Terms”). The following Terms govern your access to and use of IRL app Services. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time. These Terms of Use apply to all users of IRL App.

  1. The Service

 

IRL App is provided by Emoto Labs, LLC. This App helps in recording of personal autobiographical video documenting the real-life stories of friends, family, loved ones, and yourself.

  1. Registration

In order to access the services of IRL App, you can register and create an account with IRL app. This can be done using an email account or a facebook login. If you want to expand the use of the app, and to remove ads, subscription is required and you must provide credit cardholder’s mobile payment information (such information being the “Registration Data”). Additionally, phone numbers should also be entered, where a unique code will be sent by sms to verify the account user. Verification of phone numbers has to take place every time the user changes his/her phone details. Without verification of phone number, the user cannot make any orders.

You agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of IRL app Services. You agree to notify Emoto Labs, LLC immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account by any third party.

 

  1. Purchases

If you wish to expand the use of the app, you may be asked to supply certain information relevant to your Purchase including, without limitation, details of your bank account/ PayPal ID, your credit card number, the expiration date of your credit card, your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

5. Changes

Emoto Labs, LLC reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site/App. User’s continued use of the Service after the posting of the amended Terms on the Site/App constitutes User’s affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Emoto Labs, LLC, shall not be liable to User or any third party in the event that Emoto Labs, LLC, exercises its right to modify or discontinue all or part of the Service. You can view the most recent version of these Terms at any time here.

  1. Privacy Policy

We respect your privacy and the use and protection of your Personal Information. Emoto Labs, LLC collects certain personal information at the time of registration. Such information and data collected by us about Users will be treated as confidential and protected and used by us in accordance with our privacy policy. You can review the most current version of our Privacy Policy at any time at: https://emotolabs.com/privacy.

7.   User Conduct/Lawful Use

The user agrees that use of IRL App is subject to all applicable International, National, Federal, state, and local laws and regulations. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. The user agrees to use IRL App for lawful purposes only.

Emoto Labs, LLC does not carry out continuous monitoring of the contents uploaded by the users and depend on users flagging (reporting) content that breaches these Terms of Use. Users can flag other users if a User is misusing IRL app. However, if you are found to be involved in any of the acts of using IRL App/Site/Service unlawfully like selling illegal products, etc. your account will be terminated and necessary legal action may be initiated. Emoto Labs, LLC also reserves the right to remove any prohibited material sent/uploaded, without warning or notification to the User.

If you encounter such prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to info@emotolabs.com.

The encrypted text box is meant to prevent users from sharing contact information. Any attempt by users to share contact information to make transactions outside the App will be considered as violation of these Terms of Use. In case of any violation of these Terms, Emoto Labs, LLC reserves the right to seek all remedies available by law and in equity for such violations.

  1. License

The Materials on this Site/ IRL App are copyrighted and any unauthorized use of any such copyrighted Materials may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions. You may not:

  1. Modify, decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law;
  2. Remove any copyright or other proprietary notices from the Materials;
  3. You agree to prevent any unauthorized copying of the Materials.

9. Disclaimer

Services “AS IS”

TO THE FULLEST EXTENT PERMITTED BY LAW, EMOTO LABS, LLC, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT EMOTOLABS APP AND THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMOTO LABS, LLC IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, HOME PAGE OR OTHER INTERACTIVE AREA, EVEN IF EMOTO LABS, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Emoto Labs, LLC further does not warrant that its service will be secure or uninterrupted; the information, links or other items contained within these Materials will be accurate and complete. Emoto Labs, LLC may make changes to these Materials at any time. Emoto Labs, LLC, makes no commitment to update the Materials. No oral advice or written information given by Emoto Labs, LLC, its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.

  1. Limitation of Liability

As a condition of use of IRL App, and in consideration of the services provided by Emoto Labs, LLC, user agrees that neither Emoto Labs, LLC, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Emoto Labs, LLC, will be liable to user or any third party for any direct, indirect, incidental, special, punitive, or consequential losses, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of IRL App, its Service, or site content.

EMOTO LABS, LLC, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF IRL APP/OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM IRL APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP/SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA IRL APP/ SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EMOTO LABS, LLC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EMOTO LABS, LLC, HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO EMOTO LABS, LLC, IF ANY, FOR THE PAST 3 MONTHS OF THE SERVICES IN QUESTION.

11. Indemnification

You agree to indemnify and hold Emoto Labs, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through IRL App/the Site, your use of IRL app service, your connection to IRL App/Service, your violation of the Terms, your intentional or negligent violations of any applicable laws or governmental regulation, your contractual relation with a third party, or your violation of any rights including but not limited to rights relating to patent or copyright of another.

12. Fees

Emoto Labs, LLC does not charge any fee for using its app services. However, applicable fee is payable if the User wants to expand the use of app and/or to remove ads.

User can cancel the subscription any time. Unless otherwise stated, all fees/charges for the App Services will not be refunded. In case of a Charge-back Request from our Merchant bank, we reserve the right to immediately stop or interrupt the service provided to you until the Charge-back Request has been formally settled between Emoto Labs, LLC and the Merchant Service Authority. This process may take more than a few weeks.

13. Retention

We’ll retain information you provide on IRL App/Site for as long as we need it to provide you the Services. If you delete your account, we’ll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary, to comply with our legal obligations, resolve disputes, or enforce our Agreements.

14. Proprietary Rights

These Terms do not transfer any right, title, or interest in IRL App, Service or the Site Content to User. Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use IRL App to the extent you have the right to access the service. Your right to use IRL App and access the service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to IRL App, including all related intellectual property rights. IRL App is protected by applicable intellectual property laws, including copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of IRL App; (b) rent, lease, or sublicense IRL App; nor (c) circumvent or disable any security or technological features or measures in IRL App. When you post Public Content/Feedback, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.

If you download, print or display any IRL App Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the Emotolabs’ name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Emoto Labs, LLC

Through proper notification, Emoto Labs, LLC will remove Submissions that infringe upon the intellectual property rights of another and reserves the right to remove Submissions without prior notice. Emoto Labs, LLC assumes no responsibility for monitoring the Submissions. In the event it chooses to do so at its discretion, Emoto Labs, LLC assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a user submitting inappropriate Submissions. At its sole discretion, Emoto Labs, LLC may remove any Submission and/or terminate a user’s account for violating any of these Terms of Use at any time and without notice.

Emoto Labs, LLC reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site/App or violation of the Terms of Use.

15. Termination

You’re free to stop using IRL App and our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of IRL App/Services if you’re not complying with these Terms, or use IRL App in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We’ll of course provide you with notice via the email address associated with your account before we do so.

16. Waiver, Severability & Assignment

Emoto Labs, LLC’s failure to enforce a provision at any time is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Emoto Labs, LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest, to continue the Services.  

  1. Governing Law

These Terms shall be governed by and construed in accordance with laws of the State of California, USA, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of California, USA, the laws, rules and regulations of California, USA, shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the courts located in Los Angeles, California for resolution of any dispute.