This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: June 21, 2015.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Emotive to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
Sharing Your Content and Information
You own all of the content and information you post on Emotive.
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Emotive (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information, it means that you are allowing everyone, including people off of Emotive, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Emotive, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Emotive safe, but we cannot guarantee it. We need your help to keep Emotive safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Emotive.
- You will not collect users’ content or information, or otherwise access Emotive, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Emotive.
- You will not upload viruses or other malicious code
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Emotive to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Emotive, such as a denial of service attack or interference with page rendering or other Emotive functionality.
- You will not facilitate or encourage any violations of this Statement or our policies
Registration and Account Security
Emotive users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Emotive, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Emotive if you are under 12
- You will not use Emotive if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name)
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same:
- You will not post content or take any action on Emotive that infringes or violates someone else’s rights or otherwise violates the law.
- Any users can flag other users in the case her/his contents has been consudered not in line with policies and or perceived as offensive. In this case our staff will evaluate if the flagged contents are adequate. If not we can, according to our judgment, make a warning to the user who published those contents or disable the user account and hide her/his contents. Our evaluation process is designed to make an answer within 24 hours from the first notification we have received.
- Moreover we can remove any content or information you post on Emotive if we believe that it violates this Statement or our policies even without any notifications from other users.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks or any confusingly similar marks without our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Emotive.
- You will not tag users or send email invitations to non-users without their consent. Emotive offers social reporting tools to enable users to provide feedback about tagging
Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Emotive
We can change this Statement if we provide you notice (by posting the change on Emotive) and an opportunity to comment.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
Your continued use of Emotive following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Emotive to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
We try to keep Emotive up, bug-free, and safe, but you use it at your own risk. we are providing Emotive as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we do not guarantee that Emotive will always be safe, secure or error-free or that Emotive will always function without disruptions, delays or imperfections. Emotive is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. we will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Emotive, even if we have been advised of the possibility of such damages. our aggregate liability arising out of this statement or Emotive will not exceed the greater of thirty dollars ($30 USD) or the amount paid in the the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, Emotive’s liability will be limited to the fullest extent permitted by applicable law.
By “Emotive” we mean the features and services we make available, including through (a) our website at www.Pathosfirst.com and any other Emotive branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software, devices, or networks now existing or later developed; Pathos Professional Services srls Italy products and services. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Emotive or provide data to us. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Emotive. By “content” we mean anything you or other users post on Emotive that would not be included in the definition of information. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Emotive or provide to Emotive through Platform. By “post” we mean post on Emotive or otherwise make available by using Emotive. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. By “active registered user” we mean a user who has logged into Emotive at least once in the previous 30 days. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.
If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
Data Use Policy
We receive a number of different types of information about you, including:
- Your information: is the information that’s required when you sign up for the site, as well as the information you choose to share.
- Registration information: when you sign up for Emotive, you are required to provide information such as your name, email address, birthday, and gender. In some cases, you may be able to register using other information, like your telephone number.
- Information you choose to share such as when you post an update, upload a photo, or comment on a friend’s story.
- information you choose to share when you take an action, such as when you join a community.
Your name, profile pictures, gender, networks, username and User ID are treated just like information you choose to make public. We use the information we receive about you in connection with the services and features we provide to you and other users. Granting us this permission not only allows us to provide Emotive as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways. While you are allowing us to use the information we receive about you, you always own all of your information. Your trust is important to us, which is why we don’t share information we receive about you with others unless we have:
- received your permission;
- given you notice, such as by telling you about it in this policy; or
- removed your name or any other personally identifying information from it.
Of course, for information others share about you, they control how it is shared. We store data for as long as it is necessary to provide products and services to you and others, including those described above. Typically, information associated with your account will be kept until your account is deleted. For certain categories of data, we may also tell you about specific data retention practices. If you want to stop using your account, you can ask us to delete it.
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Emotive is owned by Pathos Professional Services srls Italy.