Emofaces.com: Standard Licence Terms

1. Licence

1.1 Subject to the terms of this Agreement the Emofaces.com grants you a non-transferrable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from the Emofaces.com via the Emofaces.com Feed ("Emofaces.com Content").

1.2 All title, ownership rights and intellectual property rights in and to the Emofaces.com Feed and Emofaces.com Design shall remain the property of the Emofaces.com.

1.3 Nothing in these Standard Licence Terms grants you any right to use the Emofaces.com logo on your Site or elsewhere.

2. Use of Emofaces.com Content

2.1 You may not use the Feed or display any Emofaces.com Content on any Site that is a web site that is excluded by the Emofaces.com (scroll down for the list of Excluded Websites as may be amended by the Emofaces.com from time to time).

2.2 YOU MUST ENSURE THAT ALL Emofaces.com CONTENT ON YOUR SITE HAS AN ACCREDITATION TO THE Emofaces.com IN ACCORDANCE WITH THE Emofaces.com ACCREDITATION GUIDELINES FROM TIME TO TIME (SCROLL DOWN FOR THE Emofaces.com ACCREDITATION GUIDELINES AS MAY BE AMENDED BY THE Emofaces.com FROM TIME TO TIME).

2.3 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING Emofaces.com CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE Emofaces.com CONTENT IN ANY WAY.

2.4 Where possible you must create a functional link back to Emoface.com pages summarised by the Emofaces.com Content. If you are displaying the Emofaces.com Feed where a functional link back to the Emofaces.com is not possible, you must display on-screen the URL from which the Emofaces.com Content can be obtained (scroll down to the accreditation section below.) You may not directly or indirectly change, edit, add to or produce summaries of the Emofaces.com Content or any content on the Emofaces.com website nor place any Emofaces.com content in an HTML frame-set.

2.5 You may not directly or indirectly suggest any endorsement or approval by the Emofaces.com of your Site or any non-Emofaces.com entity, product or content or any views expressed within your site or service.

2.6 You acknowledge that the Emofaces.com has absolute editorial control over all Emofaces.com Content and you accept that the Emofaces.com is editorially independent and that the editorial integrity of the Emofaces.com Content is the sole responsibility of the Emofaces.com.

2.7 Should you receive any enquiries which relate to the Emofaces.com or the Emofaces.com Content you should promptly refer such enquiries to www.emofaces.com/contact.

3. Warranties & Liability

3.1 You warrant to the Emofaces.com that:

(i) you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
(ii) the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the Emofaces.com into disrepute, or which is in breach of any third party intellectual property rights; and
(iii) users of the Site shall be required to comply with terms that are equivalent to the Standard Licence Terms in relation to their use of Emofaces.com Content.

3.2 The Emofaces.com Feed is made available by the Emofaces.com on an "as is" and "as available" basis and the Emofaces.com gives no warranty of any kind in relation to the Emofaces.com Feed, the Emofaces.com Content, or any content on the Emofaces.com website. The Emofaces.com disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the Emofaces.com Content, the Emofaces.com Feed and the Emofaces.com website and any content thereon.

3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE Emofaces.com EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE Emofaces.com FEED, THE Emofaces.com CONTENT OR ANY CONTENT ON THE Emofaces.com WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF Emofaces.com CONTENT.

3.4 Each provision of this Clause 3 operates separately in itself and survives independently of the others.

4. Indemnity

4.1 You hereby agree to indemnify, hold harmless and defend the Emofaces.com in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard Licence Terms or otherwise in connection with your use of the Emofaces.com Feed (including the Emofaces.com Content).

5. Termination

5.1 You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the Emofaces.com Feed (including the Emofaces.com Content) from your Site, all hard drives, networks and other storage media.

5.2 The Emofaces.com may restrict, suspend or terminate the Emofaces.com Feed, this Agreement, the licence granted herein or your access to the Emofaces.com Feed at any time without liability. You agree to destroy all copies of the Emofaces.com Feed (including the Emofaces.com Content) upon receiving notice of termination from the Emofaces.com.

5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.

6. General

6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.

6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.

6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.

6.4 This Agreement shall be governed by, construed and take effect in accordance with English law and the English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.

Excluded Websites

The Emofaces.com's RSS feeds and any Emofaces.com content contained in the Emofaces.com RSS feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.

1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour
2. Sites that promote, encourage or facilitate violence
3. Sites that promote, encourage or facilitate terrorism or other activities that risk UK national security
4. Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society
5. Sites that promote, facilitate or encourage illegal activity
6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law
7. Sites which infringe individual privacy (based on the parameters laid down in the "Privacy" chapter of the Emofaces.com's Producers Guidelines.)

Accreditation Guidelines

Any Emofaces.com RSS feed or Emofaces.com content on your site must incorporate an attribution (credit) to Emofaces.com in one of the following forms:

• Emofaces from www.emofaces.com.
• Emoticons from www.emofaces.com.
• Buddy Icons from www.emofaces.com.
• Smilies from www.emofaces.com.
• [Alternative emofaces name] from www.emofaces.com.

• This emoface is from www.emofaces.com.
• This emoticon is from www.emofaces.com.
• This buddy icon is from www.emofaces.com.
• This smile is from www.emofaces.com.
• This [Alternative emoface name] is from www.emofaces.com.

An alternative emoface name may be used if you prefer. For example, but not limted to: icon, smiling face, yellow face.

If you are displaying a Emofaces.com RSS feed in a context where a functional link back to the article on the Emofaces.com's website is not possible then you must use the following attribution (credit):

• This emoface is from www.emofaces.com.
• This emoticon is from www.emofaces.com.
• This buddy icon is from www.emofaces.com.
• This smile is from www.emofaces.com.
• This [Alternative emoface name] is from www.emofaces.com.

You may not use any Emofaces.com logo without signing a Emofaces.com logo licence agreement.