Terms of Service
Effective July 1, 2025
Please read the following carefully. Throughout these Terms of Service (these “Terms”), “we,” “us” and “our” refer to emotitag, owned and operated by Emotitag Co, LLC. These Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, govern your access to and use of emotitag websites at emotitag.com (as well as other sites we own or operate) (referred to collectively as the “Site”), our mobile application (the “App”), and the products and services provided by emotitag (collectively, the “Service”). Any new features or tools which are added to the current Service shall also be subject to the Terms unless such features or tools are distributed with separate terms and conditions.
We offer the Service to you (referred to as “you” and “your”) under these Terms.
This is a binding agreement. If you use the Service or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not agree to all of these terms, you are not authorized to use the Service and you must promptly cease using it.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – YOUR ACCESS TO THE SERVICE
SECTION 2 – PERMITTED USE AND RESTRICTIONS
SECTION 3 – USER ACCOUNTS AND SECURITY
SECTION 4 – TERMS OF SALE AND PAYMENTS
SECTION 7 – MOBILE MESSAGE TERMS
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
SECTION 10 – INTELLECTUAL PROPERTY RIGHTS
SECTION 11 – NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1789.3
SECTION 13 - DISCLAIMER OF WARRANTIES
SECTION 14 – LIMITATION OF LIABILITY
SECTION 16 – COMMUNICATION BETWEEN US
SECTION 18 – DISPUTE RESOLUTION
SECTION 19 – ADDITIONAL IMPORTANT TERMS
SECTION 20 – CHANGES TO THESE TERMS
SECTION 21 - CONTACT INFORMATION
SECTION 1 – YOUR ACCESS TO THE SERVICE
By accessing or using the Service on your mobile device, computer, or any other device (the “Device”), you acknowledge and agree that:
You are solely responsible for maintaining an active internet connection for your Device, including any data, usage, or telecommunications charges incurred.
Emotitag is not liable for any malfunction, error, or interruption caused by the performance of your Device, including but not limited to screen resolution, display issues, or browser incompatibility.
Access to the Service may be suspended, limited, or temporarily unavailable at any time without notice, including but not limited to cases involving:
Scheduled maintenance or system upgrades;
Unexpected technical failures;
Suspected violations of our Terms of Service;
Circumstances beyond our reasonable control;
By using the Service, you confirm that your Device meets the necessary technical requirements and that you accept any limitations related to your method of access.
SECTION 2 – PERMITTED USE AND RESTRICTIONS
Subject to the terms and conditions of these Terms of Service, Emotitag grants you a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and use the Service, including any updates, enhancements, or accompanying documentation, strictly for your personal and non-commercial use on a device that you own or control.
All rights not expressly granted herein are reserved by Emotitag.
Eligibility:
By using the Service, you represent and warrant that:
You are at least the age of majority in your state or province of residence; or
You are using the Service with the consent of your parent or legal guardian, and you are at least 13 years old.
The Service is not intended for children under the age of 13. Use by individuals under 13 is strictly prohibited.
Prohibited Uses:
You agree not to use the Service in any way that is not expressly permitted under these Terms. Specifically, you may not:
Modify, copy, reproduce, create derivative works, translate, reverse engineer, decompile, disassemble, or hack any part of the Service or its software.
Sell, lease, sublicense, assign, or transfer any portion of the Service to any third party.
Use the Service for any unlawful, fraudulent, malicious, or otherwise unauthorized purpose, including but not limited to:
Hacking, introducing viruses, or any malicious code.
Overloading or compromising the security or functionality of Emotitag’s systems.
Harvesting or collecting user data without consent.
Monitoring or scraping the Service via automated tools (e.g. bots, spiders).
Sending or enabling any form of unsolicited marketing, spam, or advertising.
You acknowledge that you are solely responsible for any misuse of the Service, and Emotitag shall not be held liable for your actions or any resulting damages, losses, or legal consequences arising from your breach of these Terms.
SECTION 3 – USER ACCOUNTS AND SECURITY
3.1 User Accounts
To access certain features or place orders on the Service, you may be required to create an account with Emotitag and provide accurate and up-to-date information, including but not limited to your name, email address, and a secure password.
You are solely responsible for maintaining the confidentiality and security of your account and any activities that occur under your account. You agree to:
Provide true, accurate, current, and complete information during registration.
Keep your account information updated at all times.
Immediately notify Emotitag of any unauthorized use or suspected breach of security involving your account.
Failure to maintain accurate information may result in suspension or termination of your access to the Service.
3.2 Account Security
You are responsible for safeguarding your login credentials and for any actions taken under your account. Emotitag is not liable for any loss or damage resulting from your failure to protect your credentials.
You agree not to share your login details or give others access to your account. Any breach of this condition may result in termination of your account.
3.3 Account Ownership and Transfers
Your account is personal and non-transferable. You may not sell, assign, license, or otherwise transfer your account to another person or entity under any circumstance.
3.4 Fees and Charges
You agree to pay all fees, charges, and applicable taxes associated with purchases made through your account. You acknowledge that you are fully responsible and liable for all transactions made under your account, including any unauthorized activity.
3.5 Account Termination by You
You may request to delete your account at any time by contacting our support team at the contact information provided in Section 21 (Contact Information).
Upon deletion, Emotitag will remove your personal account information in accordance with our Privacy Policy and any applicable legal retention requirements.
3.6 Account Termination by Emotitag
Emotitag reserves the right to suspend or terminate your account, with or without notice, for any reason, including but not limited to:
Violation of these Terms of Service.
Engagement in fraudulent, abusive, or illegal activity.
A legal obligation to terminate the account.
Discontinuation of all or part of the Service.
Upon termination, your access to the Service may be revoked and all account-related data may be deleted. You acknowledge that you do not own your account and that Emotitag may restrict or delete it at any time at its sole discretion.
SECTION 4 – TERMS OF SALE AND PAYMENTS
4.1 Payment Methods
When placing an order through the Emotitag website, you agree to provide a current, valid, and accepted payment method (“Payment Method”) and authorize Emotitag (or its third-party payment processor) to charge the total order amount to your selected Payment Method.
Emotitag partners with secure, authorized third-party service providers to process payments, manage transactions, and handle order fulfillment. By submitting your Payment Method, you acknowledge and agree that:
Emotitag may share and store your payment information with third-party providers as needed to complete your order.
Emotitag is not liable for any data breaches, loss, or misuse of information caused by these third parties.
All charges are in USD unless otherwise specified.
4.2 Product Availability and Pricing
All product listings and prices are subject to change without notice. Emotitag does not guarantee the availability of any specific product at any time.
In rare cases, items may become unavailable after you have placed an order. If this occurs, we will cancel the affected portion of your order and issue a refund to your original Payment Method for the amount paid.
Prices displayed do not include applicable sales taxes or shipping fees. These charges will be calculated at checkout and added to your final payment total.
4.3 Personal Use Only
All items purchased from Emotitag are for personal use only and may not be resold, redistributed, or used for commercial purposes without prior written authorization.
We reserve the right to cancel any order that appears to be intended for resale or violates our Terms, as determined at our sole discretion. This includes, but is not limited to, large quantity orders or repeat purchases of limited edition items.
4.4 Shipping and Fulfillment
Shipping times and rates vary depending on your location and the products selected. By placing an order, you agree to the terms outlined in our Shipping & Returns Policy, which may be updated from time to time.
International orders may be subject to customs duties and import taxes, which are the responsibility of the recipient. Emotitag is not responsible for any delays caused by customs clearance procedures.
4.5 Final Sale Policy
All sales are considered final. Due to the print-on-demand nature of our products and limited quantities available, we do not offer returns or exchanges unless an item arrives damaged or defective.
If you receive a damaged product, please contact us within 7 days of delivery at [support@emotitag.com] with clear photos and order details. We reserve the right to review and determine eligibility for replacement or refund at our discretion.
SECTION 5 – THIRD-PARTY LINKS
Our website and services (“the Service”) may include links to or integrations with third-party websites, platforms, tools, or applications (“Third-Party Sites”) that are not owned or controlled by Emotitag.
You acknowledge and agree that:
- Emotitag has no responsibility for the availability, content, security, or practices of any Third-Party Sites.
- Emotitag does not endorse, guarantee, or assume liability for any products, services, information, or content available through such Third-Party Sites.
Your access to and use of Third-Party Sites is entirely at your own risk.
These links are provided solely for your convenience and informational purposes. When you access a Third-Party Site, you do so under its own terms of service, privacy policy, and applicable rules ("Third-Party Terms"). It is your responsibility to read and understand those Third-Party Terms before interacting with or relying on any Third-Party Site or service.
Emotitag is not responsible for any loss, damage, or issues arising from your dealings with any third party, even if you access their service through a link on our website.
SECTION 6 – IDEA SUBMISSIONS & IMAGE LICENSES
At Emotitag, we appreciate creativity and personal expression. However, to protect both you and our team from misunderstandings or legal complications, we have specific rules regarding the images and content (“Submissions”) sent to us, especially for services like Pin2Product.
6.1 Permitted Image Submissions (Pin2Product)
We only accept image submissions under the following strict conditions:
- The image is already published and pinned on Emotitag's official Pinterest account, or;
- You are submitting an image from outside Pinterest with explicit proof of usage rights, which may include:
+ Written email permission from the original content owner, OR
+ A screenshot clearly showing the license (e.g., “Free for commercial use”) from the source website.
Emotitag reserves the right to reject any image submission that does not meet the above criteria. We do not process copyrighted or protected materials without proper rights clearance.
6.2 Unsolicited Ideas & Content
We kindly request that you do not send unsolicited product ideas, artwork, slogans, or concepts outside of the permitted use above. If, despite this request, you submit such ideas (collectively, “Submissions”), you agree that:
(a) Your Submission is non-confidential and non-proprietary;
(b) Emotitag may use, copy, distribute, modify, adapt, display, and share it globally without compensation to you;
(c) Emotitag may have already considered or developed a similar idea independently;
(d) You waive any right to claim ownership or compensation related to such Submission.
We appreciate your understanding in helping us maintain transparency, copyright compliance, and creative integrity across our platform and services.
SECTION 7 – MOBILE MESSAGE TERMS
The Emotitag mobile messaging service (the "Mobile Service") is operated by Emotitag. By agreeing to these Terms, or by using the Mobile Service, you agree to these Mobile Message Terms in addition to all other Terms of Service outlined herein, including, without limitation, our dispute resolution policies in Section 18.
Emotitag may modify or cancel the Mobile Service or any of its features at any time, with or without prior notice. To the extent permitted by law, continued use of the Service following changes constitutes acceptance of those changes.
7.1 – User Opt-In
The Mobile Service allows users to opt-in to receive marketing and transactional SMS/MMS messages by completing enrollment forms or checking communication boxes during checkout. Regardless of the opt-in method, you acknowledge and agree to receive automated or prerecorded mobile messages from Emotitag at the phone number you provided. Message and data rates may apply. Your information may be shared with third-party service providers strictly for the purpose of operating the Mobile Service.
Note: Consent to receive marketing messages is not a condition of purchase.
7.2 – User Opt-Out
To opt out of the Mobile Service, reply STOP to any message you receive from Emotitag. You may receive a one-time confirmation message. No other opt-out methods (e.g., verbal request, different keywords) are accepted as valid. For assistance, contact us at: support@emotitag.com.
7.3 – Duty to Notify & Indemnify
If you change, cancel, or transfer ownership of the phone number used to opt in, you agree to complete the opt-out process before doing so. Failure to notify Emotitag may result in your liability for any damages, including claims under the Telephone Consumer Protection Act (47 U.S.C. § 227) or similar regulations.
You agree to indemnify, defend, and hold harmless Emotitag and its partners from any claims or liabilities arising from your failure to update or notify changes to your mobile number.
7.4 – Mobile Service Description
Users who opt into the Mobile Service may receive messages related to:
- Order status and updates;
- Promotions, offers, or events;
- Product launches and restocks;
- Introvert club vibes and exclusive content;
Message frequency may vary based on interaction and subscription preferences.
7.5 – Costs and Technical Requirements
Standard message and data rates may apply depending on your wireless carrier. The Mobile Service may not work on all devices or in all geographic areas, and is provided on an “as-is” basis. Delivery of messages is dependent on the wireless carrier and may experience delays or failures beyond Emotitag's control.
7.6 – Participant Requirements
To use the Mobile Service, you must:
- Own a wireless device capable of receiving two-way messages;
- Be a subscriber of a supported wireless carrier;
- Have an active text messaging plan;
Not all carriers support the service. Check with your provider for details.
SECTION 8 - PERSONAL INFORMATION
These Terms also incorporate the terms of our Privacy Policy, which may be updated from time to time and is hereby made an integral part of these Terms.
Our Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you access or use the Service. It also describes your rights regarding your personal information and how the law protects you.
We may use tracking technologies, including Meta Pixel, Advanced Matching, and the Meta Conversions API, as described in our Privacy Policy, to collect information for personalized advertising, performance measurement, and remarketing.
By using the Service or agreeing to these Terms, you acknowledge and consent to:
(a) The collection, storage, processing, and use of your personal information in accordance with our Privacy Policy; and
(b) The collection of certain information from your Device and usage activities, as described in the Privacy Policy, which may include but is not limited to device information, IP address, browser type, access times, referring URLs, and usage patterns.
We are committed to respecting your privacy and protecting your personal information in accordance with applicable laws, including but not limited to the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR) (where applicable), and other relevant data protection regulations.
For more details, please review our full Privacy Policy available on our website.
U.S. state residents with specific privacy rights (such as California, Colorado, etc.) can exercise their opt-out rights via our Data Sharing Opt-out page.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.
We reserve the right, at any time and without prior notice, to correct any such errors, inaccuracies, or omissions; and to change or update information or cancel orders if any information on the Service or on any related website is found to be inaccurate (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. The presence of a specified update or refresh date in the Service or on any related website does not imply that all content has been modified or is up to date.
SECTION 10 – INTELLECTUAL PROPERTY RIGHTS
The Emotitag name, logo (including the signature smiley icon), and brand elements are trademarks and service marks exclusively owned by Emotitag. You are not permitted to use any of our trademarks, service marks, logos, designs, or brand identifiers without our express written consent. Any unauthorized use may violate federal and state trademark and copyright laws.
You acknowledge and agree that all intellectual property rights in and related to the Service; including but not limited to product designs, quotes, graphics, layouts, logos, brand voice, website content, visual identity, product mockups, and user interface; are the exclusive property of Emotitag or its licensors. These works are protected by applicable intellectual property laws in the United States and internationally.
In particular, Emotitag retains all rights to:
- Any visual design created or commissioned by us;
- All product layout combinations (text + visual);
- All slogans, phrases, or messaging appearing on products;
- Custom designs made under the "Pin2Product" service.
You may not copy, reproduce, modify, publish, distribute, transmit, display, perform, or exploit in any way, in whole or in part, any of the content or design elements from the Service without explicit written permission.
Nothing on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Emotitag content or trademark without our prior written permission. We take the protection of our brand identity and creative assets seriously, and all violations will be pursued to the fullest extent permitted by law.
SECTION 11 – NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1789.3
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice:
If you have a question or complaint regarding the Service, you may contact us by email at support@emotitag.com or by mail at:
Emotitag LLC
30 N Gould St Ste R,
Sheridan, WY 82801,
United States
California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:
1625 North Market Blvd., Suite N-112, Sacramento, CA 95834,
or by telephone at 1-800-952-5210 or 916-445-1254.
SECTION 12 – INDEMNITY
You agree to indemnify, defend, and hold harmless Emotitag LLC and its affiliates, business partners, licensors, officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including without limitation, reasonable attorneys’ fees and legal costs) arising out of or in connection with:
(a) your access to or use of the Service;
(b) your breach or alleged breach of these Terms or any applicable law or regulation;
(c) your violation of any third-party rights, including without limitation any intellectual property, proprietary, or privacy rights.
We reserve the right, at our sole discretion and at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to fully cooperate with us in the defense of any such claim.
Your indemnification obligations shall survive the termination or expiration of these Terms and your use of the Service.
SECTION 13 - DISCLAIMER OF WARRANTIES
The Service and all products provided by Emotitag are offered on an “as is” and “as available” basis. Emotitag makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the content, products, or materials included therein.
We do not guarantee that:
- the Service will be uninterrupted, timely, secure, or error-free;
- defects will be corrected;
- the Service or the servers that make it available are free from viruses or other harmful components.
While we take reasonable precautions, we cannot guarantee or warrant that the Service, or any content accessed through it, will be free of viruses or other destructive code.
To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to:
- implied warranties of merchantability;
- fitness for a particular purpose;
- title;
- non-infringement;
- and any warranties arising from course of dealing or usage of trade.
No information, materials, or advice obtained by you from Emotitag or through the Service shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties. If such laws apply to you, some or all of the above disclaimers may not apply, and you may have additional rights under applicable law.
SECTION 14 – LIMITATION OF LIABILITY
IN NO EVENT SHALL EMOTITAG OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including, but not limited to:
- loss of profits, revenue, business, or goodwill;
- data loss or corruption;
- breach of security;
- personal injury or property damage;
- inability to access or use the Service or any products purchased through the Service,
- arising out of or relating to your use of, or inability to use, the Service or these Terms, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Emotitag has been advised of the possibility of such damages.
Your sole and exclusive remedy for dissatisfaction with the Service or any products provided by Emotitag is to stop using the Service and/or discontinue your purchases.
This limitation shall also apply to:
- damages resulting from the use or misuse of any content, products, or services obtained through the Service;
- content or conduct of any third party on the Service;
- third-party links, products, or advertisements accessible through the Service.
If any portion of this limitation is found to be invalid or unenforceable under applicable law, then the maximum liability of Emotitag and the Indemnified Parties to you shall not exceed the greater of:
- the total amount paid by you for products purchased through the Service in the thirty (30) days preceding the event giving rise to the claim; or
- Two Hundred U.S. Dollars (USD $200).
You agree that any claim or cause of action you may have arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or else be forever barred.
Nothing in this Section is intended to exclude or limit liability where such limitation is not permitted by applicable law.
CALIFORNIA RESIDENTS NOTICE: If you are a California resident, you hereby waive California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
SECTION 15 - TERMINATION
We may terminate these Terms and/or your access to the Service immediately, with or without notice, and without liability to you, if:
(a) you breach or violate any provision of these Terms;
(b) we decide to discontinue or suspend the Service (in whole or in part); or
(c) we are legally or practically prevented from continuing to provide the Service (including due to external events beyond our reasonable control).
We reserve the right, at any time and for any reason, to change, suspend, remove, or disable access to all or any part of the Service, without liability or obligation to you. This includes without limitation removing content or functionality, restricting access, or fully discontinuing the Service.
Upon termination:
- All rights granted to you under these Terms will automatically terminate;
- You must immediately cease all use of the Service and delete or uninstall any related content or application, if applicable;
- We reserve the right to restrict your future access to the Service or related services.
The following Sections shall survive termination:
Sections 6 (Idea Submissions), 7 (Mobile Message Terms), 8 (Personal Information), 10 (Intellectual Property Rights), 12 (Indemnity), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Termination), 19 (Governing Law) and 18 (Dispute Resolution).
SECTION 16 – COMMUNICATION BETWEEN US
If you need to contact us for any reason, including notices or inquiries required under these Terms, you may do so in writing via the contact information provided in Section 21 (Contact Information).
All communications from you must be sent by email or other written form as specified in Section 21. We may contact you and provide notices to you by:
(a) Email to the address you have provided during your order or account registration;
(b) Through any messaging service or contact method you’ve used when interacting with the Service (such as contact forms); or
(c) By posting a notice on the Service.
All communications between you and Emotitag must be in English unless otherwise explicitly agreed.
SECTION 17 – GOVERNING LAW
These Terms, and any dispute, claim, or controversy arising out of or relating to them (whether in contract, tort, statute, or otherwise), shall be governed by and construed in accordance with the internal laws of the State of Wyoming, United States, without regard to its conflict of law principles.
You agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or any transaction conducted through the Service.
To the extent permitted by applicable law, all disputes shall be resolved in accordance with the Federal Arbitration Act, and any legal proceedings shall be initiated and maintained in the appropriate courts of the State of Wyoming, unless otherwise required by arbitration or governing consumer protection laws.
SECTION 18 – DISPUTE RESOLUTION
User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the details provided in Section 21 (Contact Information).
Arbitration Procedures. If a dispute cannot be resolved informally, you and Emotitag agree that, except as set forth in Section 18(e), all disputes, claims, or controversies (each, a “Claim”) shall be resolved exclusively and finally through binding arbitration. Either party may initiate arbitration by sending a written notice to the other party.
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures then in effect, and under the terms of these Terms. If any conflict arises between these Terms and the JAMS Rules, these Terms shall control.
Each party shall have the right to reasonable discovery of non-privileged information relevant to the dispute. The arbitrator shall provide a reasoned written decision. Judgment upon the award may be entered and enforced in any court of competent jurisdiction. Any claim regarding arbitrability shall be determined by a court, not the arbitrator.
Waiver of Court Proceedings. YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. All disputes will be resolved individually through arbitration.
Location. Unless otherwise agreed by the parties, arbitration shall take place virtually or in Cheyenne, Wyoming, United States.
Limitations. YOU AND EMOTITAG AGREE THAT (i) CLAIMS MUST BE BROUGHT INDIVIDUALLY, NOT ON A CLASS OR REPRESENTATIVE BASIS; (ii) NO CLASS ARBITRATIONS OR CLASS ACTIONS SHALL BE PERMITTED.
Exceptions to Arbitration. Claims not subject to arbitration include: (i) any legal action regarding theft, fraud, piracy, invasion of privacy, or violation of intellectual property rights; (ii) requests for injunctive or equitable relief; and (iii) claims brought in small claims court within appropriate jurisdiction.
Fees. If you initiate arbitration, you agree to pay the applicable JAMS initiation fees. If Emotitag initiates arbitration, we will cover the initiation fees. Other arbitration-related fees will be determined in accordance with JAMS Rules.
Severability. If any portion of this Section is held to be illegal or unenforceable (except Section 18(e)), that portion shall be severed, and the remainder enforced. If Section 18(e) is found unenforceable, the entire Section 18 shall be void, and any Claims shall be resolved exclusively by the courts of Laramie County, Wyoming, to which both parties consent to personal jurisdiction.
SECTION 19 – ADDITIONAL IMPORTANT TERMS
Assignment. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Emotitag. Any attempted assignment or delegation in violation of this provision shall be null and void.
Severability. Except as otherwise provided in Section 18 (Dispute Resolution), if any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Attorneys’ Fees. In any dispute, action, arbitration, or proceeding to enforce any provision of these Terms, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, except as otherwise provided in Section 18 (f).
No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Emotitag to be effective.
Equitable Remedies. You acknowledge that any actual or threatened breach of these Terms may cause Emotitag irreparable harm that cannot be adequately remedied by monetary damages alone. Accordingly, Emotitag shall be entitled to seek injunctive or equitable relief as necessary, in addition to any other remedies available at law or in equity.
Entire Agreement. These Terms, along with our Privacy Policy and any additional policies or guidelines incorporated by reference, constitute the entire agreement between you and Emotitag with respect to the Service and supersede any prior agreements or understandings, whether written or oral, relating to the Service.
Transfer. We may assign or transfer our rights and obligations under these Terms, in whole or in part, to any affiliate or successor entity, including in connection with a merger, acquisition, or sale of assets. Such transfer will not affect your rights under these Terms.
SECTION 20 – CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
Emotitag reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms at any time by posting updates to our website and/or app (collectively, the “Site”). It is your responsibility to check the Site periodically for changes.
Your continued use of or access to the Service after the posting of any changes to these Terms constitutes your acceptance of those changes.
In the event of material changes, we will make reasonable efforts to notify you by prominent notice on the homepage, by email (if you have provided one), or through other appropriate means of communication.
SECTION 21 - CONTACT INFORMATION
Questions about these Terms should be sent to us at:
📧 Email: support@emotitag.com
🌐 Website: www.emotitag.com
We welcome all questions, concerns, or feedback regarding our Terms of Service or the use of our platform.