Emotiplay END USER LICENSE AGREEMENT
IMPORTANT: YOU SHOULD READ CAREFULLY THIS LEGAL AGREEMENT BEFORE USING OUR WEBSITE. BY USING OUR WEBSITE, YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE.
If you are under 18 years of age be sure to get your parent(s)/guardian(s) to read and discuss it with you. You should always make sure you get the consent of your parent(s)/guardian(s) before giving any information or sending any materials to us. You will also need to get your parent(s)/guardian(s) permission before contacting and interacting with us.
We may need to check that your parent(s)/guardian(s) agree that you will use our Site. As part of this check, we may ask you for your parent’s/guardian’s contact details (e.g., email address or telephone number) so we can then contact them and obtain their consent.If EmotiTeam.com learns that a child under the age of 18 years has provided personally identifiable information to the Site without verifiable teacher/parent consent, EmotiTeam.com will use commercially reasonable efforts to delete such information from the EmotiTeam.com databases.
At EmotiTeam.com, we want to help parents/guardians/teachers ensure that their kids have a safe and fun online experience. For this purpose, parents/guardians/teachers send us an email request to support@Emotiplay.com with request to review any identifiable information collected about their children, request that such information be deleted, and/or that there be no further collection or use of their child’s information. EmotiTeam.com takes steps to verify the identity of teachers/parents/legal guardians requesting information about a child and to ensure that the person is in fact the child’s parent or legal guardian.
Customer is identified on Order Form when purchasing Emotiplay products. By submitting the Order Form, Customer agrees that Customer has read, understands and agrees to be obligated by the terms of this Agreement. Any customer data is securely stored in Emotiplay’s database under strict privacy standards.
Emotiplay LICENSE TERMS
1. SOFTWARE LICENSE GRANT
Subject to the terms and conditions of this Agreement, upon payment of all license fees owed for the product, Emotiplay grants and Customer accepts a nonexclusive, non-transferable, non-assignable, limited license to use the EmotiTeam solely in accordance with the terms and conditions of this Agreement.
2. LICENSE FOR Emotiplay (MONTHLY FEE, SUBSCRIPTION-BASED)
Emotiplay license is subscription-based therefore monthly or annual license fee is paid by Customer to Emotiplay for such license.
Emotiplay license grants Customer to use EmotTeam on up to 8 computers and mobile devices, as long as:
- Customer uses the same EmotiTeam account on all devices and has substantially the same EmotiTeam Customer Data on all these devices, and
- All these devices belong to Customer, and – Customer is a physical person and not an organization or company or government institution.
If Customer uses several EmotiTeam accounts then Customer shall purchase number of Emotiplay licenses equal to number of EmotiTeam accounts the Customer uses and stay current on Monthly payments for each account.
3. FREE TRIALS
Emotiplay may provide free and or trial versions of EmotiTeam products at Emotiplay’s discretion. Emotiplay reserves the right, in its sole and discretion, to restrict or terminate the use of free or trial versions of any of the Emotiplay Products by any individual or group. Customer’s right and license to access, use, and deploy any free or trial versions of Emotiplay Products are not guaranteed for any period of time.
4. PROVISIONS FOR Emotiplay LICENSE
COPYRIGHT/OWNERSHIP OF PROGRAM:
EmotiTeam is the proprietary product of Emotiplay and its licensors and it is protected by copyright, trade secret or any other intellectual property laws.
Customer acquires only the right to use EmotiTeam and does not acquire any rights, express or implied, in Emotiplay or media containing Emotiplay other than those specified in this License.
Emotiplay, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in EmotiTeam and media.
EmotiTeam(R) is a registered trademark owned by Emotiplay. Unauthorized use of Emotiplay’s trademark and/or trade names or any other intellectual property owned by Emotiplay or its licensors is prohibited.
Customer shall not cancel, erase or rewrite any product identification, copyright notices, or other notices from EmotiTeam.
MULTIPLE OSes on SINGLE DEVICE:
If a device has several copies of Operating Systems installed on it, then each Operating System shall be considered a separate device for purposes of this License Agreement.
Emotiplay shall provide online support to Customers who are current on their payments for a Subscription-Based license. Support shall be provided when Customer is filing a ticket with Emotiplay.com Online Support at support@Emotiplay.com and providing additional information and logs, as requested by Emotiplay support representative. Bug fixes are not guaranteed, but Emotiplay shall make reasonable efforts to fix fixable issues. The only recourse available to Customer that is unsatisfied with Emotiplay support shall be not renewing Subscription.
Emotiplay will refund the full amount paid for a license of EmotiTeam if:
- The refund request is received by Emotiplay within 30 days of the date of purchase of EmotiTeam license by Customer, and
- Customer provides Proof of Purchase, which is the original email receipt for Emotiplay.com.
- Customer who receives negotiated discounts shall not be allowed to refund a discounted order. Licenses that originate from Purchases that have been refunded or charged back or voided by Customer’s Card Issuer or Bank shall become null and void, That means that Customer shall lose the right to EmotiTeam license once a refund occurs.
Customer who acquired Subscription-based licenses hereby agrees that once Monthly/Annual Subscription Fee is due, Emotiplay shall charge it automatically to Customer’s credit card that was stored by Emotiplay in its database from the original purchase.
Subscription Fee is charged at the beginning of the term for which it is paid.
Customer is allowed to terminate the Subscription at any time. Such termination shall result in termination of EmotiTeam license for all of Customer’s devices.
Once termination has occurred, Emotiplay shall not charge the customer on the next renewal cycle.
AUTOMATIC TERMINATION FOR NON-PAYMENT:
If Monthly Subscription fee is not paid on time or if payment of fee is reversed by any means (such as refund or void) then License becomes null and void. Moreover, Emotiplay holds the right to delete all Customer’s data from Emotiplay servers, if Customer’s account remains unpaid for more than 30 days.
Personal data of Customers that purchase EmotiTeam licenses is stored on Emotiplay servers in the data center.
Emotiplay is acting in accordance with the Family Educational Rights and Privacy Act (FERPA). The data kept consists of data that customers enter into the EmotiTeam license purchase web page and data collected from Customer’s devices by License Activation and Monitoring.
Customer hereby allows Emotiplay to store such data on Emotiplay’s servers. The data shall be used for purchase, refund and, activation and reactivation of EmotiTeam licenses, and other customer service purposes.
Personal data stored on Emotiplay servers shall not be sent to other entities, except in cases where sharing such data is required by Emotiplay business processes or for enforcement of this Agreement and when the recipient of this data is not presumed to misuse it. For example, credit card purchases require sending Customer data and credit card data to a Credit Card processor. Such data sharing shall be permitted under this agreement.
Customer allows Emotiplay to send update newsletters and promotional offers to the e-mail stored by Emotiplay, However, Customer shall have the option to unsubscribe from such newsletters and offers.
Customer also allows Emotiplay to present offers of Emotiplay and 3rd party on a post-update web page.
This License is valid until terminated.
Customer may terminate this Agreement at any time by Unsubscribing to EmotiTeam.
This License will terminate immediately without notice from Emotiplay if Customer fails to comply with any provision of this License Agreement.
The license shall be automatically terminate when Customer receives a refund of license fee from EmotyPlay. It shall also automatically terminate when payment for license is canceled by Credit Card or any payment processor operating on behalf of Customer.
NO WARRANTIES OF ANY KIND: EMOTITEAM IS OFFERED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, THIS INCLUDES, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EMOTYPLAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN EMOTITEAM WOULD MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF EMOTITEAM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT EMOTITEAM ERRORS WILL BE FIXED.
THE FULL RISK AS TO THE PERFORMANCE OF EMOTITEAM IS WITH YOU.
LIMITATION OF LIABILITY: NEITHER EMOTIPLAY NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY EMOTYTEAM. THIS INCLUDES BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
DAMAGES INCURRED BY CUSTOMER OR ANY THIRD PARTY.
JURISDICTION AND DISPUTES:
This Agreement shall be governed by the laws of Israel.
All disputes hereunder shall be resolved in the courts of Tel Aviv, Israel. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
In any litigation arising out of this Agreement or related to use or function of EmotiTeam, Emotiplay shall be entitled to all legal costs and attorney’s fees incurred in mediation, arbitration, suit, and on appeal.
If a court of competent jurisdiction finds, for any reason, any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent of the law to affect the intent of the parties, and the remainder of this License shall continue in full effect.
This License constitutes the entire agreement between the parties concerning the use of EmotiTeam and supersedes all prior or contemporaneous understandings or agreements, written or oral between the parties. No amendment or modification of this License will be binding unless in writing and signed by authorized persons on both sides.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Emotiplay is an Israeli Corporation, with address at 2 Ben-Gurion st. Ramat-Gan, Israel.