EmoticonPlace.com Terms of Use
May 08, 2006

1) Accessing EmoticonPlace.com

Through accessing, browsing and/or using EmoticonPlace.com (“site”), you acknowledge that you have read, understood and agreed to be legally bound by the following terms of use (“terms”). If you do not agree to the following terms, you are not permitted to view, access or browse any part of the site. EmoticonPlace.com reserves the right to change, modify, or update the following terms without any prior notification. If and when said modifications take place, the terms will be effective immediately.

2) Acceptable Use

i) Individual Use - You agree to use all material on the site solely for personal use. You are permitted to retain only one single copy of each page or image on the site and may not make use of said material on any others behalf. You are not permitted to download, copy, publish or distribute any material on the site for any reason other than personal use.

ii) Linking – Linking, in any medium, is only permitted to the front (home) page of the site (http://www.emoticonplace.com/). If you wish to link to any other page, a written request must be made to info@emoticonplace.com. You are only permitted to publish said link upon written authorization from EmoticonPlace.com. In addition, linking to the site from another site using frames is strictly prohibited. If you wish to link to the site from a page using frames, a written request must be made to info@emoticonplace.com. You are only permitted to publish said link upon written authorization from EmoticonPlace.com.

iii) Image Use and Linking – You agree to create a link back to the front (home) page of this site when publishing an image taken from said site. You further agree that you will not alter in any way, any preprogrammed code that is taken from the site containing linking information.

iv) Form Submission and E-mail Communication – You agree that any and all data, in any medium, sent electronically via e-mail or from a form on the site, will forever become the property of EmoticonPlace.com. Upon submission of said data, EmoticonPlace.com, without limitation, will hold both present and future ownership rights exclusively to all submitted data and may use the data for commercial gain without compensation to you or any other person contributing to that submission. You agree that EmoticonPlace.com may record any and all communication between yourself and EmoticonPlace.com. You further agree that EmoticonPlace.com may use any and all information collected as a means to contact you in the future, including contact with all e-mail addresses submitted via the site.

v) Site Security – Any form of malicious activity toward the site is strictly prohibited; including cracking, hacking, and all other forms of malicious activity. EmoticonPlace.com reserves the right to investigate all occurrences that may involve such site violations. The site is unable to ensure security from unauthorized third parties of any form or e-mail submission while in transfer.

vi) Content Ownership – All content and material presented on the site is property of EmoticonPlace.com, its sponsors or affiliates, and/or their respective licensors, and may be subject to Canadian, U.S., and international intellectual property rights laws. All content created by EmoticonPlace.com or Phlop Haus Designs is the exclusive property of EmoticonPlace.com and is protected by Canadian and international copyright laws. No copying or exploitation of any material on the site is permitted at any time unless in accordance with these terms.

vii) Prohibited Activities

i) Transmitting spam
ii) Stating false information about yourself or impersonating another person.
iii) Using the site for any fraudulent or illegal activity
iv) E-Mailing, uploading, sending or submitting any unlawful or harassing material to another person from the site.
v) Transmitting viruses or other malicious software that alters a computers functionality or the operation of the site (including but not limited to viruses, worms and Trojan Horses).
vi) Using any tools that download or “spider” any or all pages of the site

vii) Investigation – If a user violates any of the terms contained herein, EmoticonPlace.com may seek to gather information about the user to disengage their activities. EmoticonPlace.com will cooperate completely with law enforcement authorities or court order requesting EmoticonPlace.com to disclose the identity of anyone posting, publishing or making available any materials that violate these terms. You waive and hold harmless EmoticonPlace.com from any claims resulting from any action taken by EmoticonPlace.com during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either EmoticonPlace.com or law enforcement authorities.

3) Warranty Disclaimer

The content of the site is provided “as is” and “as available” and without warranties of any kind. EmoticonPlace.com does not warrant the correctness or accuracy of any material on the site. You, the user, assume all risk associated in visiting or using the site. You may not hold EmoticonPlace.com, its sponsors or affiliates and/or their respective licensors accountable for any direct or indirect damages derived from use of the site.

4) Indemnification

You shall indemnify and hold harmless EmoticonPlace.com against any and all damages, costs and expenses that might result from any claim made against the company.

5) Electronic Contract

You agree that the terms set forth, combined with your use of the site, hold the same legal bearing as a written contract. You also agree that you will not challenge the validity of said terms on the grounds that they are accessible electronically. You acknowledge that you have had the opportunity to print these terms.

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