Welcome to the MySpaceEmoticon.com website (the "Site"). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement"). Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Site in any manner or form.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to your use of the Site. This Agreement, together with the Site Privacy Policy, constitute the entire and only agreement between you and MySpaceEmoticon.com with respect to your use of the Site, and supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By your continued use of the Site, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.

2. Requirements.We intend that this Website and the Services and Materials only (as defined below) be used by persons age 13 or older and Users that can form legally binding contracts under applicable law. You hereby warrant and represent to us that you are over age 13 or are otherwise able to enter into this Agreement as a legally binding contract. Individuals between the ages of 13 and 17 also warrant and represent to us that you have received permission from your parent or guardian to use this Website, the Services and Materials. If you do not qualify, you are not permitted to use the website or order the Materials, and you do not have our consent to do so.

3. Links to Third Party Websites.We may provide links to web pages which are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

4. License Grant. As a user of this Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Site content in accordance with this Agreement. MySpaceEmoticon.com may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. MySpaceEmoticon.com reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on MySpaceEmoticon.com infrastructure. Your right to use the Site is not transferable.

5. Proprietary Rights. Emoticons and Kaoanis provided by the site are for public sharing. However, the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site, excepting emoticons and Kaoanis provided by the site, is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by MySpaceEmoticon.com does not constitute a waiver of any right in such information and/or materials.

6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

7. Indemnification. You agree to indemnify and hold MySpaceEmoticon.com, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of or in connection with: (a) your use of the Site; (b) your breach of this Agreement; (c) your violation of any rights of another individual and/or entity; and/or (d) your use of any products and/or services provided from an MySpaceEmoticon.com Affiliate. The provisions of this paragraph are for the benefit of MySpaceEmoticon.com, its parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYSPACEEMOTICON.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYSPACEEMOTICON.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE AN MYSPACEEMOTICON.COM AFFILIATE PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, THE AFFILIATE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR THE AFFILIATE SITE; AND (C) ANY OTHER MATTER RELATING TO THE MYSPACEEMOTICON.COM SERVICE AND/OR SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MYSPACEEMOTICON.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF MYSPACEEMOTICON.COM TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR MYSPACEEMOTICON.COM AFFILIATE PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE MYSPACEEMOTICON.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MYSPACEEMOTICON.COM. THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

9. Legal Warning. Any attempt by any individual, whether or not an MySpaceEmoticon.com customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Site, is a violation of criminal and civil law and MySpaceEmoticon.com will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible at law and in equity.

10. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to its conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Los Angeles, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and MySpaceEmoticon.com and governs your use of the Site and/or any MySpaceEmoticon.com service, superseding any and all prior and/or contemporaneous agreements between you and MySpaceEmoticon.com. To the extent that anything in or associated with the Site and/or any MySpaceEmoticon.com service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.

AUTHORIZATION
BY OBTAINING, OR ATTEMPTING TO OBTAIN, SERVICES THROUGH USE OF THE MYSPACEEMOTICON.COM SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE.