FUNYMOJI TERMS AND CONDITIONS

Welcome to www.funymoji.me, aka the Website! We’re excited to provide you with our services! These terms and conditions (“Terms”) are a binding agreement between you and Funymoji and governs your use of our Website, desktop browser extension (“Extension”), and related online services (collectively, the “Services”).

1. General Information

THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 9 TO LEARN MORE, INCLUDING HOW TO OPT OUT.

By using our Services, you confirm you are at least 18 years old and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use our Services.

We reserve the right to make changes to these Terms and our Privacy Policy from time to time. Any changes will be posted on the Website and any other places we deem appropriate and will include the date of last update. If you continue to use our Services after a new version of the Terms or Privacy Policy has been posted, you are agreeing to be bound by the new version. Therefore, we recommend you review these Terms and our Privacy Policy each time you use our Services.

2. Our Services

Funymoji Extension is the best searchable emoji input keyboard for your browser. Start typing in the input field and get the FunyMoji button, which will transform into an emoji picker on click!
- Choose emojis from 7 different categories
- Search emojis by keyword
- Hide the extension button by clicking the power off button
Install Funymoji Extension and get the fastest access to emojis!
100% free!

Updates to our Services. We may update our Services at any time, including adding, deleting or modifying any feature or function, or releasing new versions of the Extension (collectively, “Updates”), in order to improve your online experience. We may automatically make such Updates without first notifying you. You agree that Funymoji and its Related Companies (as defined below) have no obligation to make any Updates to the Services and shall not be liable to you as a result of implementing any Updates.

Feedback. Any communication you choose to send to us, including any data, questions, comments, or suggestions (collectively, “Feedback”) will be treated as non-confidential and non-proprietary. We may use your Feedback in any way, such as by updating our Services or developing and marketing other products or services, without any compensation to you.

3. Our Proprietary Rights

All information, content, and materials within our Services (collectively, “Materials”) may be protected by one or more copyrights, trademarks, patents, trade secrets, or other proprietary rights owned by us, our content suppliers, or our licensors. Unless such Materials are in the public domain, you may not modify, publish, create derivative works from, or in any way exploit the Materials. We are prepared to enforce our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution where appropriate.

Digital Millennium Copyright Act (“DMCA”). Funymoji will reasonably cooperate with any party alleging that any Material is infringing his or her copyright and shall take any steps required by law or otherwise reasonable and necessary to resolve such allegations. If you are believe there is any infringing Material within our Services, please review our Copyright Policy and send a notice to . We respond to proper DMCA notices of alleged infringement, which may include removing or disabling access to Material claimed to be infringing.

4. Unauthorized Access or Use of our Services

You agreed that you shall not and shall not attempt to:

  • gain unauthorized access to Funymoji’s systems,

  • interfere with the performance of the Services,

  • deliberately damage or undermine Funymoji or the Services,

  • use the Services by means of automatic, macro, programmed, or similar methods, or

  • commit fraud with regard to the Services.

If you violate any of the terms above, we may immediately terminate your right to use or access the Services.

In addition, you agree that Funymoji and its Related Companies are not responsible nor liable for, any damage, loss, or injury you may incur as a result of actions taken by other users of our Services, including without limitation, damages resulting from hacking, tampering, cheating, or disseminating malware from the Services.

5. General Disclaimer; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FUNYMOJI, ITS PRINCIPALS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES, OR AFFILIATES, OR THOSE OF ITS PARENT COMPANY (COLLECTIVELY “RELATED COMPANIES”) BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND AND BASED ON ANY THEORY OF LAW, EQUITY, CONTRACT, TORT OR OTHERWISE ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, FUNYMOJI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $500 USD. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Indemnification

By using the Services, you agree to indemnify, defend, and hold Funymoji and its Related Companies harmless from and against any and all losses, damages, liabilities and costs incurred by Funymoji or its Related Companies in connection with any claim arising out of your use of the Services or any violation by you of these Terms.

8. Removal

If you do not agree to these Terms or our Privacy Policy, you must immediately stop using our Services. If you have installed any Extensions, please uninstall the Extension. For your convenience, we have provided links to each browser’s uninstall instructions on our Website.

9. Mandatory Arbitration Agreement and Class Action Waiver

Most concerns can be resolved quickly and to your satisfaction by contacting us at . If, however, there is an issue that requires dispute resolution, PLEASE READ THIS SECTION CAREFULLY TO LEARN HOW BOTH OF US WILL PROCEED.

ANY CLAIM OR DISPUTE BETWEEN YOU AND FUNYMOJI ARISING OUT OF OR RELATING TO OUR SERVICES AND/OR THESE TERMS OR PRIVACY POLICY SHALL BE RESOLVED BY FINAL BINDING ARBITRATION. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. This obligation applies regardless of whether the dispute arises after you stop using our Services, and regardless of the type of claim.

To start, the disputing party must first send a written notice of dispute describing their dispute and the specific relief they are seeking (“Notice”). All Notices to Funymoji shall be sent by email to . Funymoji will send a Notice to you at the email address we have on file for you, if any, or otherwise by a reasonable method. Upon receipt of such Notice, the responding party will have thirty (30) days to resolve the claim and if they fail to do so, the disputing party may commence arbitration proceedings.

Arbitration will be conducted by one arbitrator in California. The state or federal courts located in California shall have exclusive jurisdiction and venue over any appeals of or motions regarding the arbitration award. Each party will pay the fees and costs of its own counsel, experts, witnesses, and filing fees, and the cost of the arbitrator will be split evenly between the parties.

BOTH FUNYMOJI AND YOU AGREE THAT WE MAY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY ONLY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual basis and the arbitrator shall have no authority to award class-wide relief. You understand and agree that these Terms specifically restrict you from commencing legal proceedings as a representative of others or joining in any legal proceedings brought by any other person.

YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USED OUR SERVICES BY SENDING AN EMAIL TO . Any opt-outs sent after this thirty (30) day period will not be valid. Should you send a timely opt-out, the sole and exclusive forum, jurisdiction, and venue for any such disputes shall be in courts of competent jurisdiction located in California.

10. Miscellaneous

These Terms will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law. These Terms and our Privacy Policy constitute the entire agreement between you and Funymoji with respect to your use and access to our Services. If a court finds that any portion of these Terms are void or unenforceable, then that portion shall be severable from these Terms and shall not affect the validity and enforceability of the remaining portions.

11. Contact Information

If you have any questions, concerns, or comments, you may contact us at .

Last Updated: April 26, 2022