Welcome to the Words and Emojis website, wordsandemojis.com (the “Site”). The Site is operated by Words and Emojis, (the “Company,” “we,” “us,” “our”). By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service”), regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, then do not use the Site.
These Terms of Service take effect on the date indicated above, and we are not bound by any additional or conflicting terms or documents. The company reserves the right to modify or update these Terms of Service by posting the revised terms on the Site. These changes apply to all use of the Site and Services (as defined below) once posted. If you continue to access the Site or use the Services after the posting of additional or different terms, you are accepting those changes. The company, at its discretion, may also modify, remove, or alter some or all of the Site’s features or the company’s Services at any time.
These Terms of Service govern your use of the Site, including all content, Services, and products offered through the Site. Please review these Terms of Service carefully before using the Site. If you violate any of these Terms of Service, which also encompass the Company’s Privacy Policy and any other agreements between you and us, the Company may terminate your registration, delete your profile, remove any content or information you have posted on the Site, and may prevent you from using or accessing the Site (or any part, aspect, or feature of the Site) at its sole discretion, with or without prior notice.
DEFINITIONS
In this context, “User” or “Users” refers to anyone who accesses and/or uses the Site. You/Your: Refers to the customer or website visitor who is using the website or making a purchase. We/Us/Our: Refers to wordsnemojis.com, the website. Website: Refers to the online platform operated by wordsnemojis.com, where customers can browse and purchase clothing and related products. Product: Refers to the tangible items or articles available for sale on the website, which may include clothing, accessories, and footwear. Customer Data: Refers to any information, data, or content provided by users or customers of our website or services. This may include but is not limited to personal information, contact details, payment information, and any other data submitted or generated through interactions with our website or services.
COLLECTION OF CONSUMER DATA
In order to facilitate your product purchases and provide information about our services, we or our e-commerce provider may collect contact and payment information from you (referred to as “Customer Data”). Please note that certain payment and processing methods may redirect you to a third-party website.
By providing Customer Data, you agree to (i) You agree to abide by these Terms of Service; (ii) You commit to supplying accurate, up-to-date, and complete Customer Data; (iii) You pledge to keep your Customer Data accurate, current, and complete by promptly updating it as necessary; (iv) For security purposes, you agree to maintain the confidentiality of your Customer Data; (v) You agree to ensure proper logout from your account after each session and promptly notify Company of any unauthorized account use or security breaches; (vi) You take full responsibility for all activities conducted under any customer account created for your use.
Please be aware that we bear no responsibility for any losses or damages resulting from your failure to adhere to the aforementioned requirements. In cases where you provide information that is false, inaccurate, outdated, incomplete, or for which you lack proper rights, or if we have reasonable grounds to suspect such information’s inaccuracy or incompleteness, we reserve the right to suspend or terminate your account and deny access to current or future use of our services, in whole or in part.
WEBSITE CONTENT & PRODUCT INFORMATION
While we strive to keep the information on our website accurate, we cannot guarantee that it is always up-to-date or error-free. Please use the information on this site at your own discretion. Prices and product details may change without prior notice. We won’t be held responsible for any changes, interruptions, or discontinuation of the website or our services. The information about our products on the website may sometimes have mistakes or omissions, including errors in product descriptions, prices, promotions, shipping charges, delivery times, and availability. We have the right to correct these errors and update information or cancel orders if necessary, even after you’ve placed an order. We’re not obligated to regularly update or revise the information on the website, except as required by law. Any updates on the site shouldn’t be assumed to mean that all the information on the site has been changed. Products you can purchase through the website are subject to our Return Policy, and some products may have limited availability. While we try to display the colors and images of our products accurately, we can’t guarantee that your device or computer monitor will show the colors accurately. We also reserve the right to limit the quantities of products available and discontinue products at any time. We have the right to decline any orders you make, and we may limit or cancel the quantities purchased by any person, per order, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. If we make any changes to or cancel an order, we will try to notify you through the contact information you provided when placing the order. Additionally, we reserve the right to restrict orders that seem to be placed by unauthorized dealers, resellers, or distributors, at our sole discretion. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
USER GENERATED CONTENT, USER COMMENTS, USER FEEDBACK AND OTHER SUBMISSIONS
When you provide information on the website or via email, such as product reviews, photos, comments, or any other submissions (“Content”), you confirm that your Content is original and you own all the rights to it. You also confirm that your Content doesn’t violate the rights of others, including copyright, trademark, patent, privacy, or any claims related to idea misuse or the right of publicity. Your Content should not contain abusive, vulgar, threatening, harassing, defamatory, false, or offensive material. It should also not include private or personally identifiable information about third parties. By sharing your Content, you grant us a non-exclusive, perpetual, irrevocable, worldwide right and license to use, modify, and share your Content, with or without giving you credit, and you waive any moral rights in it. You acknowledge that we’re not obliged to use or compensate you for your Content. We may publish your Content on the website, edit or remove it if we deem it violates our guidelines or intellectual property rights, or if it’s unlawful, offensive, or objectionable. We may also display your name alongside yourContent and share it with legal authorities if we believe it’s necessary or in response to a legal request.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
LIMITATION OF LIABILITY
While we make reasonable efforts to ensure the accuracy of the information posted on the website, we want to emphasize that we do not provide any warranties, whether expressed or implied, regarding its accuracy. The website is provided on an “as is” and “as available” basis without making any representations or endorsements, and we expressly disclaim all types of warranties, whether expressed or implied, concerning the website and any transactions that may occur through it. This includes, but is not limited to, implied warranties of non-infringement, compatibility, security, accuracy, completeness, and any implied warranties arising from customary practices or usage.
We do not guarantee that the website will meet your specific requirements or operate without interruptions, delays, or errors. We do not warrant that defects will be rectified or that the website and its hosting server will be free from viruses or bugs, or that they will fully function with complete accuracy and reliability. We shall not be held responsible or liable for any loss of content or materials uploaded or transmitted through the website.
To the fullest extent allowed by applicable law, we disclaim any and all warranties regarding our products, both expressed and implied. It’s important to note that this disclaimer does not affect your statutory rights as a consumer, nor does it affect your rights to cancel contracts. We shall not be liable for any economic losses, including but not limited to loss of revenues, profits, contracts, business, or anticipated savings, or for any loss of goodwill or reputation, or any special or indirect losses arising from or related to the terms and conditions.
Please note that nothing in these terms and conditions shall exclude or limit our liability for any harm or injury caused by our negligence or that of our employees, agents, or representatives.
INDEMNITY
To the fullest extent permitted by applicable law, you hereby agree to defend, indemnify, and hold Words and Emojis, its affiliates, as well as their respective employees, agents, directors, officers, and shareholders, harmless from and against all liabilities, losses, claims, damages, costs, and expenses (including reasonable attorneys’ fees and costs incurred in enforcing this provision). This indemnification shall pertain to: (i)Your use or misuse of the website or the services; (ii) Any breach or alleged breach of these Terms of Service on your part; (iii) Your violation of any law, rule, regulation, or infringement of any third-party rights in connection with your utilization of the website or the services.
EXTERNAL LINKS DISCLAIMER
Our website may include hyperlinks to other websites, applications, and resources on the internet. These links are provided for your convenience and may redirect you to websites operated by parties unrelated to us, including payment platforms and other functionalities. Please be aware that we do not endorse or assume responsibility for the content, advertising, services, or products offered on or accessible from these linked websites, applications, or resources. These linked websites, applications, or resources are beyond our control, and we are not responsible for their content, links contained within them, or any changes or updates made to them. The inclusion of such links to websites, applications, or resources operated by third parties should not be construed as an endorsement, guarantee, or warranty by us or any of its affiliates regarding these third parties or their content. Furthermore, this should not be interpreted as an indication of a partnership, joint venture, agency, or any other formal relationship between us], its affiliates, and the linked third parties or their content. Please note that we do not assume any responsibility or liability for the actions, products, content, or information provided by third parties and their respective websites, applications, or resources. These third-party websites are not governed by our Terms of Service and Privacy Policy, and we recommend that you carefully review their privacy statements and other terms of use when visiting them.
ELIGIBILITY
This website is intended exclusively for users who are 16 years of age or older. Unauthorized access, registration, or use of the site by individuals under 16 years of age is not permitted and is considered a breach of these Terms of Service. By utilizing the Services or accessing the website, you affirm and assure that you are at least 16 years of age or older and that you agree to comply with all the terms and conditions outlined in these Terms of Service. In the event of any violation of these Terms of Service, any other agreements between you and us, or for any other reasons deemed necessary, [Your Clothing Brand] reserves the right, at its sole discretion, to terminate your registration and remove any content or information posted by you on the website. Additionally, [Your Clothing Brand] may restrict your access to and use of the Services or the website (or any part thereof) at any time. You acknowledge that [Your Clothing Brand] will not be held liable to you or any third party for any such termination of your membership, account, or access to the website or the Services.
OWNERSHIP & INTELLECTUAL PROPERTY
We maintain exclusive ownership of all rights, titles, and interests in the Services, as well as all data, information, content, and materials provided through the Services. Furthermore, we retain full ownership of the business processes, procedures, methods, and techniques utilized within the Services, including any patent rights, copyright rights, trademark rights, trade secret rights, and other intellectual property and proprietary rights associated with the Services, regardless of their geographical location. All content featured on the website, including but not limited to designs, text, graphics, images, videos, information, software, music, audio files, and their arrangement (collectively referred to as the “Site Content”), is the exclusive property of Words and Emojis, and all rights are reserved. Without our prior written consent, no Site Content may be altered, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold, whether in part or in whole, by any means or in any form. Unauthorized usage may also result in violations of applicable laws, including but not limited to copyright and trademark laws, as well as relevant communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing herein should be construed as granting any license to intellectual property rights, whether preclusion, implication or otherwise.
PROHIBITED USES & CONDUCT
Apart from the other restrictions specified in the Terms of Service, you are expressly prohibited from using the site or its content in the following ways: (a) engaging in any unlawful activities; (b) enticing others to participate in or carry out any illegal actions; (c) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating either our intellectual property rights or the intellectual property rights of others; (e) engaging in any form of harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or deceptive information; (g) uploading or transmitting viruses or any other form of malicious code that could impact the functionality or operation of the Service or any associated website, other websites, or the Internet; (h) gathering or tracking the personal information of others; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the Service for any obscene or immoral purposes; or (k) attempting to interfere with or bypass the security features of the Service or any related website, other websites, or the Internet. We retain the right to terminate your use of the Service or any related website if you engage in any of these prohibited activities.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Jamaica.
SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Termination
The responsibilities and liabilities of the parties that have arisen before the termination date will continue to be in effect even after the termination of this agreement. These Terms of Service will remain valid unless either you or we decide to terminate them. You have the option to terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services by ceasing to use our website. Additionally, if we, in our sole discretion, determine that you have not complied with any term or provision of these Terms of Service, or if we have reasonable grounds to suspect non-compliance, we reserve the right to terminate this agreement without prior notice. In such a scenario, you will still be responsible for all outstanding amounts up to and including the termination date. Consequently, we may deny you access to out Services or any portion thereof.
CONTACT INFORMATION
For any questions or comments, or to report violations of these Terms of Service, contact the Company at: help@wordsnemojis.com with “Terms of Service” in the subject line of your email.