Terms of Service
Your use of any Application/App, website and authorized social media channel (collectively, the “Website”) made available by i69 Inc. (“i69”/“we”/”us”/ “our”), and your purchase or licensing of any product or service (collectively, the “Products”) or the licensing of any image or emoji (collectively, the “Images”) created by, licensed to or authorized for distribution, sale or licensing by i69 is governed by these i69 Terms of Service (the “Terms of Service”).
Please read the Terms of Service carefully before using the Website or purchasing/licensing any Product or Image from i69. The Terms of Service form a binding agreement between i69 and you, your company, your employer or any other person or entity you are acting on behalf of (collectively referred to as “you”). By using the Website, the Products or the Images, you acknowledge that you have read and understand the Terms of Service and agree to be bound by them. If you purchase or license a Product or Image, you may also be asked to accept additional terms that appear during the checkout process. In the event of any inconsistency between the Terms of Service and the terms governing the use, licensing or sale or any Product or Image from i69 (“Product Terms”), the terms of the Product Terms shall control.
Any new features or tools added to the Website are governed by the Terms of Service. We reserve the right to change the Terms of Service at any time without notice to you. You are responsible for reviewing the Terms of Service each time you visit the Website or purchase/license a Product or Image. Your continued use of the Website, Products or Images following any changes made to the Terms of Service constitutes your acceptance of those changes. If you do not wish to be bound by the Terms of Service, please do not use the Website or purchase, license or use Products or Images made available by i69.
1. USE OF THE WEBSITE
The Website is owned and operated by i69. The material used and displayed on the Website is the property of i69, and it is protected by copyright, trademark and other laws. The Website and its contents, including any Products and Images that appear on the Website, may not be copied or reproduced without the prior written consent of i69.
We reserve the right to refuse service to anyone at any time for any reason, to limit the sales of our Products or Images to any person, territory or jurisdiction, to restrict, limit or cancel quantities of Products or Images purchased or licensed per person, residence or location, and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You must be at least 18 years of age and have reached the age of majority in your state, province or country of residence to use the Website or to license or purchase Products or Images from i69.
Using the Website, Products or Images other than for a permitted purpose is prohibited. You are not allowed to use the Website or its content, including without limitation, any Product or Image: (a) for any unlawful purpose, including any use that violates the law in your state, province or country of residence; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property and proprietary rights or the intellectual property and proprietary rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including without limitation, providing false contact information or pretending to be another individual; (g) to collect or track the personal information of others; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or any Product or Image; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Website, Products, Images, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website, Products, Images or any related website for violating any of the prohibited uses or for any reason at our sole discretion.
You are not allowed to share, distribute, copy, transfer, sell or re-license any of our Products or Images or solicit any third-party to do so. You are also not allowed to modify or alter any Product or Image that you license or purchase from i69 and then resell it as your own product, service or image. i69 will consider such conduct to not only violate the Terms of Service, but also as an infringement of i69’s intellectual property and proprietary rights and we reserve our rights to take any necessary steps, including terminating or suspending your membership or ability to access private or public forums and/or asserting a legal action against you, in order to protect our rights.
The Terms of Service apply equally to any private or public forum area that i69 might make available for providing comments, feedback and suggestions (collectively, “comments”), including on any authorized social media channels. When making comments, please communicate with other users in a polite and positive manner. We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion to violate the Terms of Service or are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or violate intellectual property or proprietary rights. Any violation of the spirit or letter of the Terms of Service through your comments may result in you losing the ability to access the Website or any private or public forum area temporarily or permanently at our sole discretion. By submitting any comment, feedback or suggestion (collectively, “comments”), you represent and warrant that you have the necessary rights to make such comments and you assign all rights, including without limitation any intellectual property rights, in any comments without any restrictions to i69 without us having to pay you any compensation or being obligated to respond. We have no responsibility and assume no liability for any comments posted by you or any third-party.
We reserve the right at any time to modify or discontinue the Website, or any part thereof, and to stop selling/licensing Products or Images without notice to you. We have made reasonable commercial efforts to display as accurately as possible the colors and visual appearance of our Products and Images on the Website, but we cannot guarantee that the display on the device or monitor that you are using will be the same. All descriptions of Products and Product pricing are subject to change at any time without notice at our sole discretion. Any offer for any Product or Image on the Website is void where prohibited.
2. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, the Website, Products and Images are the exclusive property and copyright of i69 and are protected by national copyright laws, international treaty provisions and other applicable laws.
Other than as expressly permitted by i69, the Website, Products and Images may not be reproduced, modified, altered, distributed, sold, shared, sublicensed or transferred. You cannot use a Product or Image for any purpose unless you license/purchase it. The Products and Images are solely for your personal non-commercial use.
Any unauthorized use of the Website, Products or Images is an infringement of copyright and/or i69’s intellectual property and proprietary rights, and you are responsible for any fees, damages or compensation arising from any unauthorized use, which may include statutory or punitive damages.
We make no representations or warranties with respect to the content of any user postings or comments in any public or private forum area on the Website.
3. PAYMENT
All Sales are final. There are no refunds, exchanges or returns for any Product or Image under any circumstances unless otherwise noted. Refunds or exchanges will only be granted in the limited circumstance where the Product is defective and it is still under warranty from the manufacturer or the Product that you paid for is unavailable. Products may have limited quantities and may not be available after you have submitted your order. If you attempt to obtain a refund through any third-party payment service, i69 will rely on the Terms of Service.
After purchase, Images will be delivered as a digital download. We encourage you to make a backup copy of your downloaded Image, but no other copying or reproducing of Images (or any Product) is permitted.
Unless otherwise noted, all published prices and sales are in U.S. Currency. Prices for our Products and Images are subject to change without notice. We cannot be held responsible for any international or foreign transaction fees that are passed on by your credit card issuer.
4. SUPPORT
You can contact us at [INSERT EMAIL] if you have any questions about the Website, or any Product or Image. If we are unable to resolve the problems that you are having with a Product, we may recommend that you contact the manufacturer directly. No representations or warranties are made with respect to any third-party product or software or the compatibility of any Product or Image with any third-party software or product, or your computer or device. We are not responsible for any damage, harm or problems that any Product or Image (or any third-party software or products made available by i69) may cause. The limitation of liability provision below applies to any support that we may provide and any damage, harm or problems that may occur through using our Products or Images.
5. DISCLAIMERS AND LIMITATION OF LIABILITY
Disclaimer. Use of the Website, Products and Images is at your sole risk. We are not responsible if information made available on the Website is not accurate, complete or current. Except as otherwise stated in the Terms of Service, the Website, Products and Images are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including without limitation, representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. The use of the Website may not be uninterrupted or error-free. We are not responsible for any comments or content made available by users in any private or public forum area on the Website.
Linked Websites. Links to other websites are provided for your convenience only and do not constitute an endorsement. No representations or warranties are made with respect to any linked website.
Limitation of Liability. To the maximum extent permitted by law, i69 will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product or Image, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product or Image whether based on contract, tort, strict liability or otherwise. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website. Our liability to you in any circumstances will be limited to any payment that i69 received from you for the relevant Product or Image.
6. WARRANTIES AND INDEMNIFICATION
Warranties to You. We have the authority and possesses all of the necessary rights to agree to the Terms of Service and represent that your use of any Image in accordance with the Terms of Service will not infringe on any copyright of any third-party.
Your Warranties to i69. You represent and warrant that you have attained the age of majority in your jurisdiction and are at least the age of 18, and have the full right and authority to comply with the Terms of Service. If you are agreeing on behalf of your company, employer, or any other person or entity, you warrant and represent that you have the authority to do so. If you do not have such authority, you will be personally liable for any breach of the Terms of Service.
Indemnification by You. You will indemnify and hold harmless i69 from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website or any Product or Image in violation of the Terms of Service; your breach of the Terms of Service; your infringement of any third-party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to the Website or any Product or Image; (b) use of the Website or any Product or Image for any illegal purpose; or (c) use of the Website or any Product or Image to achieve any unauthorized or prohibited access to computer systems or data.
7. MISCELLANEOUS
Governing Law. The Terms of Service and any dispute arising from or in relation to the Terms of Service and/or the relationship between you and i69 will be governed by, construed, interpreted and enforced in accordance with the laws of the Province of Ontario and the applicable laws of Canada (excluding the application of its conflicts of law rules), and the parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, for the purpose of all legal actions arising out of or relating to the Terms of Service and/or the relationship between you and i69.
Severability. If any provision of the Terms of Service violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this agreement will remain in force.
Privacy Policy. We recognize the importance of your right to privacy and the sensitivity of personal information. Our Privacy Policy (see), which is incorporated into the Terms of Service, outlines the personal information collected, how your personal information is managed and how your privacy is protected.
Entire Agreement. The Terms of Service (including the applicable terms of any license which are incorporated into the Terms of Service) constitute the entire agreement between you and i69 pertaining to the subject matter of the Terms of Service and supersedes all prior and contemporaneous communications, written or oral. There are no warranties, conditions or representations and there are no agreements in connection with such subject matter except as specifically set forth or referred to in the Terms of Service. The headings that appear in the Terms of Service are included for convenience only and have no bearing on these terms. Any terms, conditions, representations or warranties included in any correspondence, communication, requisition or purchase order from you or any other party that conflict with the Terms of Service are not applicable to the subject matter of the Terms of Service.
Assignment. The Terms of Service may not be assigned or transferred in whole or in part by you without the prior written consent of i69.
Trademarks. All trademarks, trade names, service names, icons, branding or logos belonging to i69 or any third-party that appear on the Website remain the property of their respective owners. Unless specifically identified as such, our use of third-party trademarks does not indicate any relationship, sponsorship, or endorsement between us and the owners of these trademarks. Any references to third-party trademarks are solely to identify the corresponding third-party goods and/or services unless otherwise indicated.
Contact Information. Please direct any questions about the Terms of Service, i69, the Website, Products or Images to [].