Chapter 1: General

Paragraph 1.1: Terms for using emokoo Service

emokoo service (henceforth referred to as the Company) is a social utility service that helps you in getting connected with other people. emokoo service is maintained by emokoo Inc with the help of corporate affiliates. If you access our website www.emokoo.com, it is assumed that the User has read and understood the 'Terms of Use' lay down by the User and he agrees to abide by these Terms of Use. The Company (emokoo.com) reserves the right to modify, add or change or even to delete certain portion of these Terms of Use at its sole discretion, without prior intimation to the . Whenever the User will make any changes to the existing Terms of Use, such changes and modifications (with the date of revision) would be posted on our web site. If you continue to use or access our web site or use our services, even after revised Terms of Use, it would be assumed that you have accepted our new terms of use. If you do not agree or accept our present Terms of Use or revised terms of use (whenever modified), do not access our site or use services provided by emokoo. The onus of responsibility to check the latest terms of use lies on the User (you).

'Terms of Use' determined by emokoo Inc contains important information with regard to legal rights of the, obligations and remedies. The Terms of Use also contains information regarding different exclusions and limitations and also caters for dispute resolution. You must read these Terms of Use carefully and understood the various aspects contained therein.

Paragraph 1.2: Eligibility Conditions

emokoo.com web site and services provided by the Company are intended exclusively for Users who are above the age of 18 years. Use of web site and services by anyone below the age of 18 years would be regarded as unlicensed and unauthorized. Such registration would be considered as violation of terms of use laid down by the emokoo.com. However, people between age group of 13 years and 18 years may use services of emokoo.com with consent of their parents. Prohibited access to web site or service will be considered as void. By registering (accessing) on our site or using our services you confirm that your age is above 13 years and you have read, understood and accept the terms of use lay down by the . You also agree to abide by the terms of use and breach of agreement will render you liable for legal action or result in termination of membership. emokoo Inc reserves the right to terminate User's membership, delete information (either totally or partially) posted by you on the Company's web site or delete your profile from the web site. Further, the Company also reserves the right to prohibit you from accessing our site or using our services, at its own discretion, for any reason. The Company has the discretion to serve you prior notice before terminating membership or terminate your membership without prior notice, if it is believed that the User is below the age of 13 years or using the service without consent of parents, if the people are between age of 13 and 18 years.

Paragraph 1.3: Registration Data security

If you choose to use our web site or services, it is assumed that you agree to following.

• You abide to provide factual, complete and latest information about yourself in the registration form provided on our web site
• You accept the responsibility of maintaining security of password and identification
• You will keep the informed about the changes in information provided by you and update the Registration Data promptly to facilitate the (emokoo) to maintain factual, present and complete data
• You agree to owe the responsibility for use of your account and consequent actions that may occur through use of your account.

Chapter 2: Copyrights

Paragraph 2.1: Proprietary Rights

Proprietary rights in site contents: reserves the proprietary rights of contents published on web site including (but not limited) designs, graphics, video, text, pictures, music, information, sound and other files, software etc. The prohibits modifying, copying, displaying, distributing, reproducing, downloading, transmitting, selling, posting or framing of contents in any form (either whole or partially), without prior written consent of the . However, content legally posted by you on this web site is an exception to the above clause subject to that you are eligible, have obtained limited license to use emokoo web site and print or download content of web site only for non-commercial personal use. Further, you should keep copyright and proprietary provisions intact. Barring content posted by you on our web site you will not republish the content of this site or provide the content to other internet, extranet or intranet. Incorporating the site content, compilation or information in some other database is strictly prohibited. The limited license issued by the Company is restricted to the provisions of Terms of Use and does not incorporate data mining, extraction methods, robots etc. Unauthorized use of web site (including site content) would result in termination of the license unless such license has been specifically authorized. Such unauthorized use of our web site will be considered as breach of agreement and violation of relevant laws (copyright and trademark laws, communications regulations and statutes). Unless mentioned specifically, the terms of use do not confer license to implication or estoppels property rights on the User. The Company reserves the right to revoke the license, with or without reason and without issuing notice, at its sole discretion.

Paragraph 2.2: Trademarks

emokoo is the trademark of the Company. Registered trademarks and trade dress of the emokoo include graphics, designs, logos, button icons, page headers, scripts and other service names of the and its affiliates. Use of Company's trademark in any form (as a whole or partial), domain with regard to any other product or service is prohibited. Use of Company's trademarks or trade dress in a manner which can lead to confusion is strictly prohibited without prior written consent of the Company.

Chapter 3: User Issues

Paragraph 3.1: Conduct of User

The User must understand that our web site (www.emokoo.com) and services offered by our Company are only for non-commercial personal use, except self-service advertising programs offered by the Company. The understands, agrees and warrant that no material posted on our site by him or submitted through his account infringe upon or violate copyright, privacy, trademark, personal, publicity, proprietary rights of any other party. Further, the User agrees and warrant that material posted by him or submitted through his account does not contain defamatory, unlawful or libelous material. The User agrees not to collect or harvest to e-mail addresses, contact information of other users from our site or through our service by any means (including electronic methods) for unsolicited communications. The User also agrees that he will not use automated scripts for purpose of collecting information from our site or service except for the personal purpose. The User undertakes not to use company's service or web site in an illegal manner which may construe to damaging, overburdening, disabling or impairing the site. Additionally, the User also agrees not to use our web site or services to:

• store, share, transmit, upload, post or make the content available to any other persona or service; which is considered as unlawful, harmful, defamatory, abusive, obscene, vulgar, infringing, harassing, threatening, fraudulent, invading publicity or privacy rights, objectionable ethnically or racially and hateful; by the Company.
• register himself on more than one account, registering on behalf of any entity or group or registering for an User's Account for any other individual (other than the user).
• Misrepresenting himself, impersonating any entity or individual, providing false information regarding affiliation, age etc or making false statements.
• Make unauthorized or unsolicited advertising including sharing, transmitting, and posting, uploading or making the contents available to other parties. Making promotional materials, solicitations etc.
• Make the contents of any third party available publicly regarding information like phone numbers, social security numbers, and private information such as addresses and e-mail addresses, credit card numbers etc.
• Collect the information (like of any person below the age of 18 years, information with regard to personal identification or password), for illegal or commercial purposes.
• transmit, post, share, upload or make available materials, contents (files, computer code or programs) or software with viruses, which can limit, interrupt or destroy the operational functions (both software or hardware) of the computer or other communication devices attached to the computer.
• post, upload, transmit or share contents that may encourage or may be helpful in masterminding criminal activities, lead to liability, violate rights of third party or violation of international, national or local laws
• create account by providing false identity or make an attempt to use account of another member or service without obtaining prior consent of the Company
• Make available content of the site or store, post, share or upload the content that is considered as objectionable by the Company or inhibits or restricts other users from enjoying the site; or which can result in liability or harm to the Company or other users.

Paragraph 3.2: Posting of User Content on emokoo.com.

The responsibility of messages, pictures, information, profiles, music, video, advertisements, notes, text and other contents (hereinafter referred to as 'post'), posted by the user on our web site, lies with the User with regard to sharing, transmitting, publishing or displaying through our site or service. The User understands and agrees that emokoo (the Company) may review, remove or delete user content at its sole discretion, without any limitation, without prior notice; which in the opinion of the Company is illegal, offensive and might harm or threaten the safety of other users, violate the rights of other users or construe to be breach of Terms of Use. The User automatically grants perpetual, transferable, irrevocable, fully paid and non-exclusive worldwide license to the Company, by posting user content on our web site. The User also warrants and agrees to grant right to sublicense, use, copy, display, translate, reformat, publicly perform, distribute and excerpt the user content, to the Company, for any purpose. The User also warrants the right to the Company for use of user content for incorporating into other works and authorizes the sublicenses. The User has the liberty to remove the user content posted by him, at any time. If the User opts for removal of content, the license granted to the Company (by the User) will forfeit automatically.

Paragraph 3.3: Copyright Complaints

If a User believes that any content on our site infringes upon copyright that is controlled or owned by the user, he can inform the Company through written notification. Such complaints may be forwarded to the Company's Agent at following address:
info@emokoo.com
Such written notification must include the following, to meet requirements of Digital Millennium Copyright Act.

• Signature (either physical or electronic) of the owner of exclusive right (which is deemed to be infringed) or person authorized to act on his behalf
• List of claimed infringed work, if multiple copyrighted works are claimed on our site or identification of the copyrighted.
• Relevant information with adequate cause which could help us in identifying claimed infringed material and disabling access to such material or material subject to the infringing activity.
• The complainer must provide basic information like address, telephone number, and e-mail address to enable the Company to contact him.
• An undertaking that the complainer believes that the use of material is not authorized by the law, by the copyright owner or his representative.
• An undertaking that the complainer is authorized to act on behalf of the exclusive rights owner of the material, deemed to be infringed and the information provided in notification is correct and under the penalty of perjury.

Chapter 4: Infringement

Paragraph 4.1: Infringement Policy

The Company had sole discretion to terminate the membership of the Users, who Company believes are repeat infringers, in accordance with DMCA (Digital Millennium Copyright Act) and other laws. Further, the Company also reserves the right to terminate the membership of Users who it believes infringes other's intellectual property rights, irrespective of whether it is repeat infringement or not.

Chapter 5: Linking Issues

Paragraph 5.1: Linking to Other Web Sites

The contents for site, which you may send through our site or services, links to other third party sites. Also, third party content (owned or originated by other parties) like photographs, graphics, articles, text, information, music, video, sound, software, designs etc may be sent by the User through our site or services. The Company neither investigates or monitors nor checks it for appropriateness, completeness of accuracy. The Company also does not owe responsibility for access, made by the User, to such third party contents or posting of third party contents through our site or services. The Company is also not responsible for offensiveness, reliability, accuracy or opinions contained in such third party sites or the third party content posted on our site by the user. Linking of third party site or including third part contents on our site does not infer the endorsement or consent of the Company. If a User opts to leave our site and access the other site he does it at his own risk. Under such circumstances, the user will not be governed by terms and policies lay down by the Company. The User must read and understand the terms and policies of any site (including data collecting practices and privacy policy) which he may wish to navigate from our site.

Paragraph 5.2: Share Service

emokoo.com offers a facility to their users by which the users can post or share their member profile, articles, videos, graphics, text and other third party content from/to the third party links. The User accepts and agrees that such sharing/linking is subject to user conduct rules set by the Company (in Terms of Use) and the user will comply with such rules, as laid down in Terms of Rules and other policies.

Paragraph 5.3: Sharing of Links by Online Content Providers

Online content providers may place a share link on their web site, to facilitate share service use, provided that they fulfill the requirements set by the Company and meets the terms and conditions of Terms of Use. Online Content Provider (third party site sharing links on their web sites) will be subject to the Terms of Use set by the Company and shall abide by terms and conditions set by the Company. A share link will be either in form of a button or a text link displayed on the web page of Online Content provider that facilitates launching of sharing mechanism that could be shared or used for posting user's profile, by clicking on it.

If the share link facility is in form of a button, that contains trademarks, graphic images, icons or other proprietary materials, the third party site (Online Content Provider) is granted permission to use such trademarks, images and other materials only for displaying the share link on site of Online Content Provider.

If the sharing facility is provided in the form of text link, the name of emokoo must be included as part of link. The Company reserves the rights to revoke the provisions of above paragraphs, at its own discretion, without cause, at any time. The Online Content Provider agrees to remove the share links (from his web site) immediately on such termination by the Company.

The Online Content Provider may share links on his pages provided the other party (third party site) does not contain material which could lead to violation of conduct rules set for users, when such material is posted or shared on our web site. Further, the online content provider will agree and warrant that the contents of third party web site (posted or shared) will not contain material that is harmful, unlawful, vulgar, infringing, abusive, threatening, defamatory, fraudulent, obscene, or invades the publicity or privacy policy, which could harm or make the Company or Users liable. After sharing the link, the online content provider must agree to indemnify, defend against any loss, claim, liability, damages, expenses etc and the Company or its affiliates, agents, directors, employees or partners are harmless from such claims or losses arising out of such share link, including fees of the attorney. The online content provider must also bear the responsibility of any links or other material posted or shared and any breach through such share link.

Once the online content provider accepts the share link, it would be assumed that he has granted and warranted perpetual, transferable, irrevocable, non-exclusive, fully paid, global license (including right to sublicense) to the Company, to use the share link to use, publish, display publicly, publicly perform, stream, translate, reformat, distribute, excerpt, and summarize the content, other materials and links residing on any page of the online content provider.

Chapter 6: User Disputes

Paragraph 6.1: User Disputes

The User is solely responsible for his interaction with other users of emokoo.com. The Company reserves the right (without obligation) to monitor disputes between users.

Chapter 7: Privacy Policy

Paragraph 7.1: Privacy Policy

The Company (emokoo) observes adequate care about the privacy of its users. You may visit www.emokoo.com to view the Privacy Policy of the Company. By using the company's web site or services provided by the Company, the user consent to have his data transferred and processed.

Chapter 8: Disclaimer Policy

Paragraph 8.1: Disclaimer

The emokoo.com does not accept liability or responsibility in way for the content (both user content as well as third party content) posted on our site or with regard to service, irrespective of posted or caused by the User of our site or programming or equipments associated with the site or service. Though the Company provides terms and conditions and rules with regard to user conduct and postings, the company does not control and is not responsible for user content on the site posted by the user as well as posted through third party content. Further, the company is not responsible for inappropriate, obscene, unlawful, offensive or objectionable content the user may encounter on our site. The Company does not warrant conduct of user who uses our site or services.

The Company may disable the site temporarily, at scheduled intervals, for maintenance or other causes. The company is harmless and free from responsibilities for omissions, error, interruption, defect, deletion, failure of communications line, delay in transmission or operation, destruction, alteration, theft or unauthorized access to communications of the User.

The Company also does not assume the responsibility for technical malfunction of network, online systems, computer equipments, failure of e-mail services, servers, and software or traffic congestion, user may encounter while using our site. The Company is also not responsible for damage or injury sustained by the user or by any other person or other person's computer resulted from participation in downloading activity related to our site or service. Under no circumstances the company will accept the responsibility for damage of loss, irrespective of extent of loss, resulted from use of our site or service by the User. The Company is not responsible for the user content or third party content posted on our site, transmitted to users through our site or service or interactions between the users (both online as well as offline).

COMPANY'S WEB SITE www.emokoo.com AND OTHER SERVICES ARE PROVIDED ON “AS-IS” BASIS. COMPANY (EMOKOO.COM) DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, IRRESPECTIVE OF WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR SPECIFIC PURPOSE, NON-INFRINGMENT OR TITLE. WE DO NOT PROMISE OR GUARANTEE THE RESULTS OBTAINED BY THE USER THROUGH USE OF OUR SITE OR SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR ACCURACY, RELIABILITY, ERROR-FREENESS, IR COMPLETENESS OF THE CONTENT AND OTHER MATERIAL ON THE SITE. THE COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT MATERIALS AND CONTENTS ON SITE ARE FREE FROM VIRUSES. HENCE, THE USER MUST EXERCISE CAUTION WHILE USING OUR SITE OR DOWNLOADING OF ANY CONTENT OR MATERIAL FROM THE SITE AND SHOULD USE SOFTWARE THAT ARE RECOGNISED BY INDUSTRY FOR DETECTING OR DISINFECTING VIRUSES.

The Company reserves the right, at its own discretion, to change content (either partially or totally) on the site at any time, without prior notice. References about products, by trade name, supplier, trademark or manufacturer placed on our site does not infer that the Company endorses, sponsors or recommends such products neither does company has any affiliation thereof.

Paragraph 8.2: Limitation on Liability

EXCLUDING JURISDICTIONS WHERE SUCH PROVISIONS ARE LIMITED, THE COMPANY OR ITS AGENTS, DIRECTORS, EMPLOYEES, WILL NOT IN ANY EVENT, BE LIABLE TO THE USER OR A THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; INCLUDING ANY LOST DATA OR LOST PROFITS ARISING FROM USE OF THE COMPANY'S SITE OR SERVICES. FURTER, THE COMPANY WILL NOT BE LIABLE FOR ANY OF THE MATERIAL AND CONTENT ON THE SITE OR SUCH MATERIAL OR CONTENT ACCESSED THROUGH OUR SITE IRRESPECTIVE OF WHETHER THE COMPANY WAS AWARE OR WAS ADVISED OF POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING TO CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO THE USER WILL BE RESTRICTED TO THE AMOUNT PAID, IF ANY, BY THE USER TO THE COMPANY FOR USING SERVICES DUEING MEMBERSHIP TERM, IRRESPECTIVE OF CAUSE AND FORM OF ACTION. HOWEVER, UNDER NO CIRCUMSTANCES THE LIABILITY OF COMPANY WILL EXCEED $1000. THE USER MAY ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY, THE USER SHALL BE RESTRICTED ONLY TO INJUNCTIVE RELIEF, UNLESS OTHERWISE LEGALLY PERMITTED, AND THE USER SHALL NOT BE ENTITLE TO DAMAGES FROM THE COMPANY, IRRESPECTIVE OF CAUSE OF ACTION. SOME LAWS IN UNITED KINGDOM DO NOT PERMIT EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATION OF SOME KINDS OF DAMAGES. IF SUCH LAWS ARE IN VOGUE WHERE THE USER IS RESIDING, ALL OR SOME OF THE ABOVE EXCLUSIONS, DISCLAIMERS OR LIMITATIONS MAY NOT BE APPLIED FOR THE USER AND THE USER MAY HAVE SOME ADDITIONAL RIGHTS.

Chapter 9: Governing Laws; Venue and Jurisdiction

Paragraph 9.1: Governing Laws; Venue and Jurisdiction

By accessing on site or using our services, the user agrees that the laws of United Kingdom, regardless to principles of conflict of laws, will govern the Terms of Use set by emokoo.com and any dispute between the user and the Company or its affiliates. With regard to any disputes or claims not amounting to arbitration the user agrees not to prosecute or commence any action except in the United Kingdom courts and the user hereby consent to, and waive all defenses of lack of personal jurisdiction and forum with respect to, place and jurisdiction in the United Kingdom courts.

Chapter 10: Arbitration

Paragraph 10.1: Arbitration

THE USER AND THE COMPANY AGREES THAT THE ONLY EXCLUSIVE FORUM FOR ALL OR ANY CLAIMS AND DISPUTES, ARISING OUT OF THE TERMS OF SITE AND SERVICE (INCLUDING VISIT OF THE USER OR USE OF OUR SITE AND/OR SERVICE) SHALL BE BINDING AND FINAL ARBRITRATION, BARRING THE INSTANCES WHEREIN EITHER THE COMPANY OR THE USER INFRINGED UPON, VIOLATES, THREATEN TO INFRINGE UPON THE PATENT OF ANY THIRD PARTY, TRADEMARK, TRADE SECRET PROPRIETARIES OR COPYRIGHT, WHEREIN THE THIRD PARTY CAN SEEK EITHER INJUNCTIVE RELIEVF OR RELIEF IN ANY OTHER FORM.

As per the agreement between the Company and the User, arbitration shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. With regard to consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes will be applied. Allocation of costs and venue for the arbitration will be determined on the basis of AAA Rules and shall be within the provisions made under AAA Consumer Rules. The Company will be responsible to pay the arbitration fees or arbitrator compensation, only if the determined costs are excessive, than what is deemed reasonable. The sentence awarded by the arbitrator would be binding and can be endorsed as a judgment in any court.

JOINING OF ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SET BY THE COMPANY IS NOT ALLOWED WITH ANY OTHER CLAIM OR ARBITRATION AND NO CLASS ARBITRATION WOULD BE PERMITTED.

Should there be any claim or action or proceeding by the user related our Site and/or the Service, it should be instituted within three (3) year after the cause of action arose and no claim or proceedings after period of 3 years will be entertained.

Chapter 11: Indemnity and submissions

Paragraph 11.1: Indemnity

The User agrees to indemnify and hold the Company (including affiliates, subsidiaries, directors, agents, partners, contractors, employees) against and harmless from liability, damages, loss, demand, costs, claims and expenses (including attorney's fees) arising out of or related to user content or third party content posted by the user or shared by the user through out site or service, user's conduct with relation to site or service including any violation of the agreement or violation of rights of third party or violation of law.

Paragraph 11.2: Submissions

The User agrees and acknowledges that any suggestions, questions, ideas, comments, feed back or any other relevant information about our site or service, provided by the user are not confidential in nature and should be treated as sole property of the Company. The Company owns exclusive rights (inclusive of intellectual property rights) and will be entitled to unlimited use and dissemination of such submission for the purposes believed appropriate by the Company, like commercial and other purposes, without acknowledgment or paying compensation to the user.

Conclusion

The foregoing Terms of Use constitute the complete agreement between the user and the Company (emokoo.com) with regard to use of site or/and service provided by the company. These supersede all previous agreements made between the user and the Company, related to use of site and service by the user. Any lapse on the part of company regarding enforcing or exercising any provision or right included in these Terms of Use shall not constitute a waiver. In case any provision of this agreement is held invalid, the remaining portion of this agreement would continue to be in effect and force. In cases, where any provision of these Terms of Use is deemed void or unlawful or unenforceable due to any reason, such provision shall be considered as severable from Terms of Use and will not affect the enforceability or validity of remaining provisions of these Terms of Use.

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