These Terms of Service (“Terms”) are between you and Aces Everything Inc. (“Aces”). These Terms govern your access to and use of our services, including our website http://aceseverything.com (the “Site”), Aces mobile applications (“Apps”), email notifications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any creative expression that is generated, provided, or otherwise made accessible on or through the Services, including but not limited to video, audio, photographs, images, illustrations, animations, drawings, captions, GIFs, emojis, stickers, emoticons, Acemojis, Aces, flips, animations, logos, tools, written posts, replies, comments, information, data, URLS, artwork, designs, text, links, software, scripts, executable files, graphics, contacts, address books, galleries, cameras, search histories, and interactive features (collectively, “Content”). Aces retains any rights not specifically granted to you in this Agreement.
By using Aces or any of our other products or Services, you agree to these Terms. Please read all sections carefully below. If you don’t agree to all of the Terms and conditions, then you shouldn’t, and aren’t permitted to, use the Services.
You may use the Services only if you agree to form a binding contract with Aces and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are between 13 and 18 years old, you must have your parent or legal guardian’s permission to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
As a condition to using certain of the Services, you may be required to create an account (an “Account“), receive and enter an invite code and/or security code, select a password, and create an Aces username. You agree to provide Aces with accurate, complete, and updated registration information, particularly your first name, last name, email address, phone number, birthdate, and phone address book. You are also responsible for maintaining the confidentiality of your Account credentials and for the security of your Account, and you will notify Aces immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account credentials. If you wish to close your Account, you may do so by contacting us at [email protected]. All provisions of these Terms which by their nature should survive cancellation of your Account will survive, including but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by: (a) accessing data not intended for you or logging into an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures; (c) attempting to interfere with service to any user, host or network, including without limitation, by submitting a virus to the Services; (d) sending unsolicited e-mail; (e) forging any TCP/IP packet header or any part of the header information in any e-mail; or (f) attempting to reverse engineer any of the software making up any part of the Services.
Aces will take all reasonably necessary steps to investigate suspected violations of this agreement. Aces may involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing Aces to disclose the identity of anyone engaging in conduct that is believed to violate the law. Further, Aces may, in its discretion, release your details to system administrators at other sites in order to assist them in resolving security incidents.
You release Aces from and against any action taken by Aces during or as a result of its investigations and from any actions taken as a consequence of investigations by either Aces or law enforcement authorities.
Users own or have the right to use Content that a User submits, transfers, or otherwise provides to the Services (“User Content”). Aces and/or third parties retain ownership and/or other applicable rights in all Content other than User Content.
The Services may include hyperlinks to other Content that is not owned or operated by Aces. These links are provided for your convenience. Hyperlinks are to be accessed at your own risk. Aces has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the users of the Services, and we therefore invite feedback about websites that are linked from the Services.
When you provide User Content to Aces through the Services, you grant Aces a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such User Content. You also agree that all User Content may be accessed, reviewed, removed, deleted, isolated, and/or transmitted by Aces and/or third parties that Aces chooses. The rights you grant in this license are for the limited purposes of allowing Aces to operate the Services in accordance with their functionality, improving and promoting the Services, and developing new Services.
The reference in this license to “creat[ing] derivative works” is not intended to give Aces a right to make substantive editorial changes or derivations, but does, for example, enable sharing, which allows Aces Users to redistribute User Content from one Aces profile, account, and/or user to another in a manner that allows them to forward, save, and/or add their own Content before or after your User Content.
You also agree that this license includes the right for Aces to make all publicly-posted Content available to third parties selected by Aces, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your User Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Aces’ Services – when you post something publicly or privately, others may choose to react to it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all User Content you transfer to us.
Aces may add its own affiliate code to links posted on Aces at its discretion, provided a user has not previously included their own affiliate code into the applicable link.
As a User of the Services, Aces grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services. This means, for example, that we license Content to you for purposes of sharing.
You agree that you won’t violate Aces’ Community Guidelines (described below).
Aces aims to be a fun, authentic, and safe place for communication, sharing, inspiration, and expression. Help us foster a safe place for our users. Always follow the law. Respect everyone on Aces. Don’t spam people. Don’t post nudity. Don’t post violent or hateful content.
Aces is a reflection of our diverse community of cultures, ages, and beliefs. We’ve spent a lot of time thinking about the different points of view that create a supportive and open environment for everyone.
Terrorism, Crime, Hate, Violence
Maintaining Our Community
Help us keep the community strong:
For more information, please contact us.
Thank you for helping us make Aces one of the best communities out there.
The name “Aces”, “Aces Everything” and Aces logo are trademarks of Aces that we use in connection with our Services, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Aces. Acemojis are currently in the copyright registration process. All other trademarks appearing on the Site are the property of their respective owners. No rights are granted to you in these trademarks.
Apps made available to you through this Site or your mobile application store are the copyrighted works of Aces. You may not install or use any App unless you first agree to this Agreement. We hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license to download, install and use the Apps for accessing the Services, Content and information available within the Apps in accordance with this agreement and for no other purpose. Any reproduction or redistribution of the Apps is expressly prohibited, and may result in severe civil and criminal penalties.
THE APPS ARE PROVIDED “AS IS,” AND ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS HEREBY DISCLAIMED. THE LIMITATION OF LIABILITY PROVIDED IN THIS AGREEMENT ALSO APPLIES TO YOUR USE OF THE APPS.
Your mobile device must be connected to the internet for the Apps to function correctly. Data charges may apply per your contract with your carrier. The Apps may automatically transfer non-personally identifiable usage and technical data as part of its normal operation. By using the Apps, you acknowledge, agree and consent to the automatic collection of this data.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, ACES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES OUT OF COURSE OF DEALING OR USAGE OF TRADE. Aces makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Aces also makes no representations or warranties of any kind with respect to Content; User Content, in particular, is provided by and is solely the responsibility of, the Users providing that Content. No advice or information, whether oral or written, obtained by Aces or through the Services, will create any warranty not expressly made herein.
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Aces must be filed within six months year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Aces and its employees, agents, consultants, directors, shareholders, partners, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Aces (the “Aces Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACES AND THE ACES AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ACES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COLLECTIVE LIABILITY OF ACES AND THE ACES AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
You may close your Account at any time by notifying Aces. Aces may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Aces may immediately terminate or suspend Accounts that have been flagged for repeat content, copyright, trademark, and/or community violations.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Aces or any third party.
You and Aces agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Aces otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. All disputes relating to the interpretation of this Agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be New York, New York. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.
You acknowledge and agree that you and Aces are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Aces otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
The parties to this Agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this Agreement that might cause irreparable harm (without any requirement to post bond).
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York, excluding choice of law.
To the maximum extent permitted by law, you shall indemnify and defend Aces, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, interns, consultants, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your User Content, your use of the Services or your breach of any representation or obligation contained in this Agreement, including any damages arising from User Content that violates the intellectual property rights of a third party. Aces reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
At this time, Aces is available to United States users. Aces’ policies and procedures are based on United States law. As such, the following provisions apply specifically to Users located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to User Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services.
Aces may process personal data as part of the Services, to which certain data protection or privacy laws may apply, including the European Union’s General Data Protection Regulation (“GDPR”). Under the GDPR you may qualify as the “controller” and Aces may qualify as the “processor” for personal data that Aces stores, transmits or manages for you. You must inform Aces if you (a) intend to use or access any Service relating to activities establishing you as a “controller” or “processor” in the European Union pursuant to Article 3 of the GDPR or (b) believe that the GDPR or other data protection or privacy laws apply for other reasons, following which Aces will determine in its sole discretion whether it will permit you to continue using the Services and whether you must enter into a separate data processing agreement with Aces.
Aces has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the “DMCA“). The address of Aces’ Designated Agent for copyright takedown notices (“Designated Agent“) is listed below. You may submit a notice under the DMCA by contacting us.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Please also note that the information provided in a notice of copyright infringement may be forwarded to the User who posted the allegedly infringing Content. After removing material pursuant to a valid DMCA notice, Aces will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. Aces will terminate, under appropriate circumstances, the Accounts of Users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any User for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Aces by providing the following information to the Designated Agent at the address below:
Upon receipt of a valid counter-notification, Aces will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Aces does not receive any such notification within ten (10) days, we may restore the material to the Services.
Aces Everything Inc.
11 E. 26th St, 14th Floor
New York, NY 10010
Attn: Copyright Agent
Email: [email protected]
This Agreement, as modified from time to time, constitutes the entire agreement between you and Aces with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties.
Aces may modify this Agreement at any time by posting the revised terms on the Site. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. If you do not agree to the modifications, you must cease your access to the Services. Continued use or access of the Services after modification will constitute your acceptance of this Agreement as modified.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect.
Aces is not responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, fire, flood, strikes, war, terrorism, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes reasonably beyond its control.
This Agreement is not assignable, transferable, or sublicensable by you except with Aces’ prior written consent. Aces may assign this Agreement in whole or in part at any time without your consent.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Aces in any respect whatsoever.
We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by contacting us within the App and/or emailing us at [email protected]. You agree that all Feedback will become the sole and exclusive property of Aces, and you hereby irrevocably assign to Aces all of your right in and to all Feedback.
If you are a resident of California, you may request additional information or submit claims or complaints regarding the Services by calling the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs at (916) 445-1254, or in writing at:
Division of Consumer Services
California Department of Consumer Affairs
1625 N. Market Blvd., Suite N 112
Sacramento, California 95834