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Terms of Service

TERMS OF SERVICE



Please read these Terms of Use ("Terms") carefully before using the Napturalista Moji application for iOS and/or Android, Napturalista Moji 3rd party keyboard extension, Messages Extension, artwork, third party copyrighted materials, all associated web sites, or other related software, services, or materials (collectively “Napturalista Moji Resources"). By accessing and using the enclosed Napturalista Moji Resources, you acknowledge and agree to the following Terms.
 
SCOPE OF TERMS


These Terms are applicable to this Napturalista Moji Resources, support web sites, any and all materials, and all affiliated Intel or third party websites, whether a sponsored site, managed through a third party vendor or hosted by a third party (referred to hereafter as the "Web Sites"). These Terms also apply to any resources and tools provided through the Web Sites, including but not limited to developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information. Further, the Napturalista Moji team, Win For The Culture LLC, Win For The Culture affiliates, sponsors, partners, suppliers, vendors, third party licensors and other authorized third parties (collectively herein "Resource Providers") may provide activity or program specific Terms of Service, for example when Intel provides interactive materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect. YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN BY ACCESSING OR USING THE Napturalista Moji APPLICATION, THE Napturalista Moji RESOURCES OR THE WEB SITES. WIN FOR THE CULTURE, LLC, ITS LICENSORS OR RESOURCE PROVIDERS RESERVE THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE Napturalista Moji APPLICATION, WEB SITES, Napturalista Moji RESOURCES OR SERVICES (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. WIN
FOR THE CULTURE, LLC  OR RESOURCE PROVIDERS MAY MAKE CHANGES TO Napturalista Moji APPLICATION, WEB SITES, Napturalista Moji RESOURCES OR SERVICES, OR TO THE MOJI ARTWORK, OTHER PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. WIN FOR THE CULTURE, LLC AND RESOURCE PROVIDERS MAKE NO COMMITMENT TO UPDATE THE Napturalista Moji APPLICATION, WEB SITES, Napturalista Moji RESOURCES OR SERVICES. WIN FOR THE CULTURE, LLC OR RESOURCE PROVIDERS MAY CHANGE OR MODIFY THESE TERMS OR ANY FEATURES OR FUNCTIONALITY OF THE Napturalista Moji APPLICATION. THE Napturalista Moji RESOURCES OR THE WEB SITES, CHANGES WILL BECOME EFFECTIVE FOURTEEN (14) DAYS AFTER THEY
ARE POSTED, EXCEPT THAT CHANGES FOR LEGAL OR ADMINISTRATIVE REASONS, INCLUDING WITHOUT LIMITATION, ADDING OR REMOVING AVATARS, REMOVING AVATAR MESSAGES, OR TO REFLECT NEW
FEATURES OR FUNCTIONALITY WILL BE EFFECTIVE IMMEDIATELY. YOU ACCEPT ANY CHANGES TO THESE TERMS BY CONTINUING TO ACCESS OR USE THE Napturalista Moji APPLICATION, THE Napturalista Moji RESOURCES OR THE WEB SITES AFTER THE CHANGES ARE POSTED.
 
PRIVACY 


Personal Information: Information submitted to Resource Providers through forms on the Resource Providers’ Web Sites or through other mechanism or materials is governed according to the Napturalista Moji Privacy Policy.WIN FOR THE CULTURE, LLC will also gather information about your device and the use of this application to assess application usability and performance; this information will
be collected using a third party service, which may include the sharing of anonymized data with authorized parties.  
 
REGISTRATION AND SECURITY


By using the service you affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. You understand, Resource Providers may, from time to time, host a program or activity specific site that may require you to provide your name and/or email address, establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree
to notify Resource Providers immediately of any unauthorized use of your account or any other breach of security. Resource Providers will not be liable for any loss that you may incur as a result of someone else using your name, email address, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Resource Providers or another party due to someone else using your account or password. You may not use anyone else's name, email address, and/or account at any time, without the permission of the account holder.
 
LIMITED COPYRIGHT LICENSE


The Napturalista Moji Resources and/or Web Sites are owned or licensed by WIN FOR THE CULTURE, LLC  or other Resource Providers.   Laws in the United States and other countries preserve for WIN FOR THE CULTURE, LLC  or such Resource Providers certain exclusive intellectual property rights, including but not limited to copyrights in the Napturalista Moji application, Web Sites and the Napturalista Moji Resources. The Napturalista Moji Resources contained in the Napturalista Moji application and any websites may not be modified, reverse-engineered, decompiled, analyzed, distributed or reproduced in any manner to the extent allowed by law without the express, written consent of the copyright owner.  The use of the Napturalista Moji Resources and the Napturalista Moji application shall NOT be deemed to grant either directly or indirectly, or by implication, estoppel, or otherwise, any license under the copyrights, patents or
patent applications, trademarks or trademark applications of WIN FOR THE CULTURE, LLC  or other Resource Providers except for the normal, non-exclusive, license to use the Napturalista Moji Resources and Napturalista Moji application as expressly set out herein.  All other rights expressly reserved.
 
USE TERMS


Personal Non-Commercial Use: The Napturalista Moji application, web sites and the Napturalista Moji resources are licensed to you for personal and non-commercial use. You may send message(s) using the Napturalista Moji application and Napturalista Moji Resources ("Sticker Messages") for sharing with others for personal and non-commercial use via transmitting messages, posts, or other expressed forms of digital communication using the Napturalista Moji Resources. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Napturalista Moji application, Web Sites or the Napturalista Moji Resources.You expressly understand and acknowledge that your sticker message(s) may be forwarded or reposted by recipients and such recipient use is beyond your control or the control of the Napturalista Moji application, WIN FOR THE CULTURE, LLC  or Resource Providers. You understand that your Sticker Message will be retained for a period not less than
thirty (30) days. After such time only Sticker Messages stored on your computing device or smartphone will be available.No Unlawful or Prohibited Use: You agree that you will not use nor encourage or permit others to use the Napturalista Moji application, Web Sites, Napturalista Moji Resources or create a Sticker Message for any purpose that is unlawful or prohibited by these Terms. Specifically, but without limitation, You may not: 1 Create, upload, post, email, transmit or otherwise make available any Sticker Message or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;2 Use the Napturalista Moji application, Web Sites, Pocket Avatar Resources, Sticker Message or any other services or materials or activities to "stalk" or otherwise harass or harm another;3 Impersonate any person or entity, including, but not limited to, a WIN FOR THE CULTURE, LLC  or Resource Provider official employee, owner, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Sticker Message or other content transmitted through the Napturalista Moji application, Web Site or Napturalista Moji Resources;5 Upload, post, email, transmit or otherwise make available any Sticker Message or any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6 Upload, post, email, transmit or otherwise make available any Sticker Message or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 7 Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8 Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9 You may not use the Napturalista Moji application, Web Site or Napturalista Moji Resources in any manner that could damage, disable, overburden, or impair any Resource Providers’ server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Napturalista Moji application, Web Site or Napturalista Moji Resources or interfere with any other party's use and enjoyment of the Napturalista Moji application, Web Sites or Napturalista Moji Resources; 10 You may not attempt to gain unauthorized access to the Napturalista Moji application, any Web Site or Napturalista Moji Resources, other accounts, computer systems or networks connected to any Resource Providers’ server or Napturalista Moji Resources, through hacking, password mining or any other means or obtain or attempt to obtain any materials
or information through any means not intentionally made available through the
Napturalista Moji application, the Web Sites or Napturalista Moji Resources; 
11 Intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, privacy and security laws and
regulations, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or 
12 Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. 
 
Should WIN FOR THE CULTURE, LLC  or Resource Providers determine, in its or their sole discretion that You have breached the foregoing paragraph No Unlawful or Prohibited Use,WIN FOR THE CULTURE, LLC  or Resource Providers in its or their sole discretion may, without any notice, terminate, disable, suspend or otherwise render inoperable your Napturalista Moji application and Sticker Message(s). In addition to the foregoing, please note that the Napturalista Moji application, Napturalista Moji Resources or Websites may be suspended or discontinued at any time, and WIN FOR THE CULTURE, LLC  does not guarantee that the Napturalista Moji application; Sticker Messages, stickers purchased by you or available for purchase, any Napturalista Moji Resource or Web Site will remain available for any period of time.  Without limiting the generality of this section, WIN FOR THE CULTURE, LLC  expressly disclaims any and all liability for any interruption or suspension of the availability of the Napturalista Moji application, stickers that you have purchased, Napturalista Moji Resources or Websites. WIN FOR THE CULTURE, LLC  is not responsible for customer service related to the Resource Provider Websites or other content and services of third-parties. Any question or request for service on such content or services must be addressed directly to the respective Resource Provider or content and service providers. Please note that downloading any content or sticker without the permission of the content owner may infringe the intellectual property rights of the owner. WIN FOR THE CULTURE, LLC  expressly disclaim
any and all liability associated with the purchase/use of a sticker or the downloading of content by you including, for example, infringement of third-party intellectual property rights, or any damage done to your computer, smart phone, or other devices due to the download of malicious content.US Government Restricted Rights: The Napturalista Moji application, Napturalista Moji Resources and use of Web Sites are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Napturalista Moji application or Napturalista Moji Resources by the Government constitutes acknowledgment of Resource Providers’ proprietary rights in them.
 
WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION
 
Exclusions of Warranty: The Napturalista Moji application, Napturalista Moji Resources and Web Sites and any other materials and software are provided by Resource Providers (including WIN FOR THE CULTURE, LLC ) as a service to its customers and are provided without any warranty of any kind, express or implied. Specifically, 
• YOUR USE OF THE Napturalista Moji APPLICATION, Napturalista Moji RESOURCES, RESOURCE PROVIDER AND WIN FOR THE CULTURE, LLC  WEB SITES AND OTHER MATERIALS AND SOFTWARE ("SERVICES”) IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMART PHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES. 
• IN NO EVENT SHALL WIN FOR THE CULTURE, LLC , ITS SUPPLIERS OR RESOURCE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF WIN FOR THE CULTURE, LLC  OR RESOURCE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 
 
Limitation of Liability: you expressly understand and agree that WIN FOR THE CULTURE, LLC  and resource providers shall not be liable to you for:
• ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Napturalista Moji APPLICATION, STICKERS YOU MAY HAVE PURCHASED OR CREATED, ANY
Napturalista Moji RESOURCES OR SERVICES OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITES 
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY STICKER, ANY STICKER YOU MAY HAVE CREATED, ANY CONTENT, OR ANY CHANGES WIN FOR THE CULTURE, LLC  OR ITS RESOURCE PROVIDERS MAY MAKE TO THE Napturalista Moji APPLICATION, STICKERS YOU MAY HAVE PURCHASED OR CREATED, Napturalista Moji RESOURCES,
SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE Napturalista Moji APPLICATION, THE Napturalista Moji RESOURCES, WEB SITES (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR NAME, EMAIL ADDRESS, PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; 
• THESE LIMITATIONS ON WIN FOR THE CULTURE, LLC ITS LICENSORS OR RESOURCE PROVIDERS’ LIABILITY SHALL APPLY WHETHER OR NOT WIN FOR THE CULTURE, LLC  , ITS LICENSORS OR RESOURCE PROVIDERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. 
 
Accuracy and Completeness: Neither WIN FOR THE CULTURE, LLC  nor Resource Providers warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Napturalista Moji application, Web Sites or Napturalista Moji Resources or Services. 
Indemnification: You agree to indemnify and hold WIN FOR THE CULTURE, LLC  and its officers, agents, employees, partners, licensors, Resource Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Sticker Message(s) you create or other content you submit, post, transmit or otherwise make available through the Napturalista Moji application, Web Sites or Napturalista Moji Resources or Services, your use of the Napturalista Moji application, Web Sites, Napturalista Moji Resources or Services, your connection to the Napturalista Moji application, Web Sites, Napturalista Moji Resources or Services, your violation of these Terms or site specific Terms, or your violation of any rights of another. 
 
CONTENT RELATED NOTICES


Ownership: You acknowledge and agree that WIN FOR THE CULTURE, LLC  and Resource Providers own all legal rights, title and interest in and to the Napturalista Moji application, Web Sites, Napturalista Moji Resources and Services including any WIN FOR THE CULTURE, LLC  or Resource Provider trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied,
reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without WIN FOR THE CULTURE, LLC  or the applicable Resource Provider’s prior written permission. Except as expressly provided herein, WIN FOR THE CULTURE, LLC  does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. 
Translations: Where WIN FOR THE CULTURE, LLC  has provided you with a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with WIN FOR THE CULTURE, LLC  If there is any contradiction between the English language version of the Terms and the translation, the English language version shall take precedence. 
 
CLAIMS OF COPYRIGHT INFRINGEMENT


WIN FOR THE CULTURE, LLC  respects intellectual property rights. Upon receipt of a notice of claimed infringement in conformance with the US Digital Millennium Copyright Act, 17 U.S.C. Section 512©(3), we will expeditiously remove or disable access to the allegedly infringing User Content or other content. WIN FOR THE CULTURE, LLC  or Resource Providers will terminate, in appropriate circumstances, Napturalista Moji Accounts of users who repeatedly infringe copyright.Notifications of claimed copyright infringement should be sent to WIN FOR THE CULTURE, LLC ’s Designated Agent: napturalista@winfortheculture.com NOTIFICATIONS NOT COMPLIANT
WITH THE DMCA PROCEDURE MAY NOT RECEIVE A RESPONSE.
 
User Content Submissions
Definition: User content submissions may include but not limited to, user registration, the creation, sharing, distribution, posting, uploading, linking, downloading, transferring, viewing or an Sticker Message or Sticker Messages, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on any Web Sites. The content submitted by users, including Sticker Messages, is referred to here after as "User Content".Non-Endorsement: WIN FOR THE CULTURE, LLC  does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and WIN FOR THE CULTURE, LLC  expressly disclaims any and all liability in connection with User Content. WIN FOR THE CULTURE, LLC  does not permit copyright infringing activities and infringement of intellectual property rights on its Web Sites, and WIN FOR THE CULTURE, LLC  will remove User Content if properly notified that such submission infringes on another's intellectual property rights in accordance with the DMCA provisions. WIN FOR THE CULTURE, LLC  reserves the right to remove User Content at its sole discretion and without prior notice.
License: Unless other specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such User Content you grant WIN FOR THE CULTURE, LLC , Resource Providers, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.Moderation or Pre-Screening: You acknowledge that WIN FOR THE CULTURE, LLC/ may or may not moderate or pre-screen Sticker Messages and other User Content. WIN FOR THE CULTURE, LLC  and its designees retain the right, at WIN FOR THE CULTURE, LLC ’s sole discretion to pre-screen, refuse, or remove any Sticker Message or other User Content from Web Sites. WIN FOR THE CULTURE, LLC , however, will have no liability related to the content of any such Sticker Message or other User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, WIN FOR THE CULTURE, LLC  shall have the right to remove any Sticker Message or other
User Content that violates these Terms.
 
LINKS TO OTHER MATERIALS OR SITES


The linked sites are not under the control of WIN FOR THE CULTURE, LLC  and WIN FOR THE CULTURE, LLC  is not responsible for the content of any linked site or any link contained in a linked site. WIN FOR THE CULTURE, LLC  reserves the right to terminate any link or linking program at any time. WIN FOR THE CULTURE, LLC  does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
 
GENERAL Your access to the Napturalista Moji application (both container app and 3rd party keyboard extension), Web Sites, Napturalista Moji Resources and Services is governed by all applicable federal, state and local laws.TheNapturalista Moji application and all information available on the Web Sites, Napturalista Moji Resources and Services is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. WIN FOR THE CULTURE, LLC  makes no representation that the Napturalista Moji application, Napturalista Moji Resources, Web Sites or Services in the site or application are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who
choose to access this site or application from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and WIN FOR THE CULTURE, LLC  and govern your use of the Napturalista Moji application, Web Sites, Napturalista Moji Resources and Services. You may be subject to additional terms and conditions that may apply when you use Resource Providers materials, affiliate services, third party content or third party software. The Terms and the relationship between you and WIN FOR THE CULTURE, LLC  shall be governed by the laws of the State of Deleware, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, WIN FOR THE CULTURE, LLC  reserves the right to seek all remedies available by law and in equity for such violations.
Copyright © WIN FOR THE CULTURE, LLC  All rights reserved. WIN FOR THE CULTURE, LLC.