You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
146 lines
8.4 KiB
146 lines
8.4 KiB
EmojiOne
|
|
|
|
Premium License Agreement
|
|
Version 1.6 - June 21, 2018
|
|
|
|
|
|
1. Acceptance of this agreement
|
|
By using Our artwork and properties, you agree to the terms in this license.
|
|
|
|
|
|
2. You and EmojiOne
|
|
2.1 EmojiOne
|
|
EmojiOne Inc., is a Nevada Corporation. EmojiOne Inc. will be referred to in this agreement as EmojiOne, We,
|
|
Our, or Us.
|
|
2.2 EmojiOne’s artwork
|
|
This license applies to the following artwork, which we will refer to as the EmojiOne Artwork for this agreement: (the
|
|
“EmojiOne Artwork”)
|
|
This license includes rights to updates to this third series of premium emojis (any 3.x version) only. This license does
|
|
not include rights to any new series of premium emojis (4.x or higher), stickers, or any custom design.
|
|
2.3 EmojiOne’s properties
|
|
The EmojiOne Artwork, name, logos, trademarks, graphic files, and copyrights will be referred to collectively in this
|
|
agreement as the EmojiOne Properties. (The “EmojiOne Properties”)
|
|
2.4. What if you don’t agree to these terms?
|
|
If you do not agree to the terms below, do not access or use the EmojiOne Artwork. If you have any questions or
|
|
concerns about this agreement, please feel free to contact EmojiOne at licensing@emojione.com .
|
|
|
|
|
|
3. License
|
|
We agree to grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the
|
|
EmojiOne Properties on the terms provided in this agreement. We reserve all rights in and to the EmojiOne
|
|
Properties. This license is personal to you and allows you to access and use the EmojiOne Properties. You agree
|
|
not to transfer, sell, or modify the EmojiOne Properties.
|
|
3.1 Ownership
|
|
You agree that nothing in this agreement shall give you any right, title, or interest in the EmojiOne Properties other
|
|
than the right to use the same in accordance with the terms of this agreement. You admit the validity of all copyrights
|
|
for the EmojiOne Artwork and all associated intellectual property registrations included in the EmojiOne Properties,
|
|
and you acknowledge that any and all rights that you might acquire because of your use of the EmojiOne Properties
|
|
shall inure to the sole benefit of EmojiOne. You further agree that you will not claim ownership rights to the EmojiOne
|
|
Properties, or any derivative, compilation, sequel or series, or related property owned by or used by EmojiOne.
|
|
3.2 What can you do with the EmojiOne Properties?
|
|
You can display it on one or more projects for personal or commercial use as long as:
|
|
(A) you use the EmojiOne Properties as a component of something that required time, effort, and skill to create;
|
|
(B) you purchase and use the appropriate license for your project (commercial, nonprofit, or personal); and
|
|
(C) you comply with the other terms of this agreement.
|
|
There are some exceptions to what can be done with the EmojiOne Properties detailed below in Section 3.3.
|
|
3.3 What can’t you do with the EmojiOne Properties?
|
|
(A) Use it to make any tangible/physical products that are intended for sale—such as print material, shirts, cards,
|
|
stationery, books, etc—though nonprofit license does allow schools to use EmojiOne Artwork in yearbooks. (contact
|
|
licensing@emojione.com for proper licensing on tangible/physical products that are intended for sale)
|
|
(B) Sell or license it—you may not sell, license, sub-license, lease, rent, lend, or redistribute the rights
|
|
herein—such as using the EmojiOne Properties as an upsell item, in-app purchase, add-on, sticker pack, etc.
|
|
(C) Use or rebrand the EmojiOne Artwork under a different name.
|
|
(D) Allow others to extract the EmojiOne Artwork, in whole or in part.
|
|
(E) Use it in digital templates that will be resold to multiple people—such as design apps, themed templates,
|
|
etc.
|
|
(F) Include properties in open source projects.
|
|
(G) Use it for a client of yours or for any third party—including ad agencies and all other representatives of
|
|
third party projects. (contact licensing@emojione.com for proper client and third party licensing)
|
|
(H) Use a personal or nonprofit license for commercial purposes.
|
|
(I) Use it in print advertising or on promotional products with a printing budget exceeding $5,000.00
|
|
US dollars.
|
|
(J) Use it in a video/TV/film project with a total project budget exceeding $20,000.00 US dollars.
|
|
(K) Use it for charity fundraising events or digital educational content with a total event/project budget
|
|
exceeding $20,000.00 US dollars.
|
|
(L) Use it in a logo.
|
|
(M) Register as a trademark any of the EmojiOne Properties, or any products or works that include
|
|
the EmojiOne Properties.
|
|
(N) Use it to suggest an endorsement from EmojiOne.
|
|
(O) Modify it—though we allow color changes without prior permission. (all other changes or modifications
|
|
to the EmojiOne Artwork requires prior written permission from us—we’ll try to accommodate you but can’t
|
|
guarantee it)
|
|
|
|
|
|
4. Fees
|
|
You will not have any rights to the EmojiOne Properties until we receive full payment for your use. The one-time fee
|
|
varies based on whether you will use the EmojiOne Properties for personal or commercial projects, and the size and
|
|
nature of your company. The latest pricing can be found on the license purchasing page of our website.
|
|
|
|
|
|
5. Term and termination
|
|
The parties’ rights under this agreement will last until this agreement is terminated. In the event of termination you will
|
|
no longer have any rights to use the EmojiOne Properties. If either party breaches this agreement, the other party can
|
|
terminate this agreement immediately. We reserve the right to terminate this agreement at any time and for any
|
|
reason.
|
|
|
|
|
|
6. Damages
|
|
If you breach this agreement, we have the following remedies, if we feel they are merited:
|
|
(A) You agree that if you violate this agreement we can get an injunction against you.
|
|
(B) You agree that if you violate this agreement you will pay us 100% of all revenue you’ve received from items that
|
|
you’ve sold in violation agreement as well as any damages deemed appropriate by a court of competent jurisdiction.
|
|
|
|
|
|
7. Indemnification
|
|
You shall indemnify us and hold us harmless from any damages and liabilities (including reasonable attorney fees
|
|
and costs):
|
|
(A) Arising from your breach of this agreement;
|
|
(B) Arising out of any alleged defects or failures to perform of the EmojiOne Properties or any product liability claims
|
|
or use of the EmojiOne Properties; and
|
|
(C) Any claims arising out of advertising, distribution or marketing of the EmojiOne Properties.
|
|
|
|
|
|
8. Arbitration
|
|
Any dispute, claim or controversy arising out of or relating to this agreement will be determined by arbitration in
|
|
Las Vegas, Nevada. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration
|
|
Rules and Procedures and will utilize the Final Offer (or Baseball) option. The latest rules and procedures can be
|
|
found on the JAMS website ( https://www.jamsadr.com/rules-streamlined-arbitration ). Judgment on the award
|
|
may be entered in any court having jurisdiction. This court will not preclude parties from seeking provisional
|
|
remedies in aid of arbitration from a court of appropriate jurisdiction.
|
|
|
|
|
|
9. No warranties
|
|
All Items are provided "as is" without warranty of any kind, either express or implied, including, but not limited to
|
|
the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
|
|
|
|
|
|
10. Applicable Law
|
|
This agreement will be construed in accordance with and governed by the laws of the State of Nevada.
|
|
|
|
|
|
11. Notices
|
|
We may send notices pursuant to this agreement to you via your email address used when purchasing a license, and
|
|
such notices will be deemed received by you three days after they are sent. You may send notices pursuant to this
|
|
agreement to us at licensing@emojione.com , or 2505 Anthem Village Dr. Suite E-525, Henderson NV 89052, and
|
|
such notices will be deemed received by us three days after they are sent.
|
|
|
|
|
|
12. Waivers and modifications must be written
|
|
Any waiver or modification to this agreement must be written.
|
|
|
|
|
|
13. Assignment
|
|
We can assign our rights under this agreement without restriction. If you’d like to assign your rights under this
|
|
agreement, you will need to get prior written permission from us before you can do so (and we can’t guarantee
|
|
that we’ll allow it, though we’ll try).
|
|
|
|
|
|
14. Severability
|
|
Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other provision of
|
|
this agreement. If possible, any unenforceable provision within this agreement will be modified to reflect the
|
|
parties’ original intention.
|
|
|
|
|
|
15. Entire Agreement
|
|
This agreement is the entire agreement of the parties with respect to licensing the EmojiOne Properties and this
|
|
supersedes all prior agreements.
|