Terms and Conditions and End User License Agreement

Disclaimer of Warranty: USE OF the Emoticon City software and service, OUR WEB SITE, AND ANY CONTENT AVAILABLE THEREFORE IS AT YOUR OWN RISK. New Media Properties, LLC PROVIDES these materials to you ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. New Media Properties, LLC MAKES NO WARRANTY THAT (i) THE materials ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE materials WILL BE RELIABLE; (iii) THE materials WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE materials WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE materials WILL BE CORRECTED. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Your Obligations: You represent and warrant that you are the owner of the computer that you have caused the Emoticon City software to reside on, or the owner of the computer that you have caused the Emoticon City software to reside has granted you all rights and permissions to do so. You agree, with respect to all other users of the computer that you have caused the Emoticon City software to reside, to (i) provide a copy of this license agreement to them; and (ii) obtain their consent to this license agreement before allowing them to use the computer to view sites on the Internet. You agree not to use the Emoticon City software in a manner prohibited by law, or in violation of any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in your use of the Emoticon City software.  Furthermore, you agree to grant New Media Properties, LLC the right to modify your system configuration and perform any actions required to allow for your use of our software and service, and any additional actions that facilitate the display of advertising, other than those we explicitly indicated that we do not perform in our privacy statement.

Limitation of Liability: IN NO EVENT WILL New Media Properties, LLC, ITS EMPLOYEES, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THE END USER LICENSE AGREEMENT, OR YOUR USE OR INABILITY TO USE the Emoticon City software OR any New Media Properties, LLC service.  IN NO EVENT WILL any involved party's MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE REVENUE RECEIVED BY THE New Media Properties, LLC ATTRIBUTABLE TO YOUR USE OF the Emoticon City software.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, New Media Properties LLC's liability shall be limited to the extent permitted by law.

No Liability: New Media Properties, LLC and its employees, distributors, distributees, suppliers, merchant business associates, advertisers, directors, and agents assume no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorneys' fees for, any claim based upon: (i) any method or process in which the Emoticon City software or service may be used by you; (ii) any results of using the Emoticon City software or service; (iii) any use of other than a current unaltered release of the Emoticon City software or service; or (iv) the combination, operation or use of the Emoticon City software or service with any other software or services.

Termination: You may terminate this Agreement at any time by uninstalling the Emoticon City software from your computer using the Add/Remove Programs menu in your Microsoft® Windows® control panel, and destroying any other copies of Emoticon City you may have made. Emoticon City is either listed as "Emoticon City" or "Emoticons Software" or "Emoticon Software". Be aware that removing the software may cause you to lose the functionality of any other programs that were bundled with or installed from Emoticon City.  If you continue to use New Media Properties, LLC software or services, you will continue to be bound by the end user license agreements for those products.

Successor Agreements: The terms of this Agreement and/or our privacy statement may change in the future.  Modified versions of these documents may be posted at the same URLs at which the current versions reside.  Continued use of the Emoticon City software after such time as revised documents are posted indicates your agreement to all the terms of the updated documents.  Failure to uninstall and destroy the Emoticon City software from your computer will be deemed an acceptance of the terms of the most current privacy statement and/or agreement.

General: This Agreement sets forth the entire understanding and agreement between you and New Media Properties, LLC with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. New Media Properties, LLC shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of New Media Properties, LLC. You may not assign this agreement without our consent.