Terms of Service

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Last Modified: June 28, 2021

 

  1. Acceptance of the Terms of Service

1.1. These Terms of Service are entered into by and between You and Blaqmoji, LLC, a California limited liability Company (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”, “Terms” or “ToS“)), govern your access to and use of the Blaqmoji D9 mobile application, including any content, functionality, and services offered on or through the App (the “App”) as well as the services offered through our website https://blaqmoji.com/ (together the website and the App, the “Services“) , whether as a guest or a registered user.

1.2. Please read the Terms of Service carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Service, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you should not access or use the App and the Services.

1.3. These Services are offered and available to users who are thirteen 13 years of age or older. By using the  Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

1.4. For avoidance of any doubt none of the Services and none of their content are meant to represent a Divine 9 organization. Further the Company does not represent and is not affiliated to a Divine 9 organization.

 

  1. Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check these Terms from time to time so you are aware of any changes, as they are binding on you.

 

  1. Accessing the Services and Account Security

3.1. We reserve the right to withdraw or amend the Services, and any item or material we provide through the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users.

3.2. You are responsible for both: (a) making all arrangements necessary for you to have access to the Services and (b) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

3.3. To access the Services or some of the resources offered by them, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.4. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

3.5. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

 

  1. Intellectual Property Rights

4.1. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2. Company herewith grants you a limited, non-exclusive, and nontransferable license to:

(a) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you; and

(b) access, stream, download, and use on such mobile device the Services, strictly in accordance with the Terms of Service. You expressly acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted.

4.3. These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available through the Services, except as follows:

(a) Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

(b) You may store files that are automatically cached by your web browser for display enhancement purposes;

(c) You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

(d) You may download a single copy of the App to your computer or mobile device solely for your own personal, non- commercial use.

(e) If we provide social media features, such as through our App with certain content, you may take such actions as are enabled by such features.

4.4. You must not:

(a) Modify copies of any materials from the Services.

(b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

(c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

(d) You must not access or use for any commercial purposes any part of the Services or materials available through  them.

4.5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

 

  1. Trade-names and marks.

The Company name, the terms “Blaqmoji” and “Blaqmoji D9”, the Company logo, and all related names, logos, trade and service names, designs, and slogans are owned by the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company and/or its licensors.

 

  1. Prohibited Uses

6.1. You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

(a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

(c) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Company’s Content Standards set out in these Terms of Service.

(d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

(e) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including but not limited to by using email addresses or screen names associated with any of the foregoing).

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.

6.2. Additionally, you agree not to:

(a) Use the Services in any manner that could disable, overburden, damage, or impair the website or the App or interfere with any other party’s use of the Services;

(b) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

(c) Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of the Services.

(e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the App is stored, or any server, computer, or database connected to the App and the Services.

(g) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

(h) Otherwise attempt to interfere with the proper working of the Services.

 

  1. User Contributions

7.1. By submitting to us suggestions or other feedback (“User Contributions”) regarding the Services, regardless of the medium in which such User Contributions may be provided, you acknowledge and agree that: (i) such User Contributions are non-confidential and that Company is not under any obligation of confidentiality with respect to the User Contributions; (ii) Company may use or disclose (or choose not to use or disclose) such User Contributions for any purpose, in any way, in any media worldwide; (iii) you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the irrevocable, non-exclusive and worldwide right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contribution for any purpose; and (iv) you are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances for your User Contributions.

7.2 All User Contributions must comply with the Content Standards set out in these Terms of Service.

7.3. You represent and warrant that:

(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

(b) All of your User Contributions do and will comply with these Terms of Service.

(c) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

7.4. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

 

  1. Subscription Fees and Purchases.

8.1. Paid Subscription.

(a) Unless otherwise indicated by us in writing at the time of purchase, and after payment of the initial purchase fee for the App, all subscriptions are issued on a monthly-access basis and shall automatically renew for additional paid one-month periods, until you cancel your subscription or we terminate it.  All subscription payments and cancellations are handled through the Apple App Store and Google Play Store according to their terms and conditions.

(b) We reserve the right to offer different subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans upon notice.

(c) All subscription fees are exclusive of all applicable government, state, provincial, municipal or other taxes which you agree to pay based on where you are primarily domiciled. In addition to any fees charged by the Apple App Store and Google Play Store, you may still incur charges incidental to using our Services, such as charges for Internet access, bank charges, etc.

8.2 Other Purchases.

Apart from the paid subscriptions, you may purchase other services and/or items available through our website from time to time. All such purchases shall be processed and managed by Printful according to their terms and conditions.

 

  1. Monitoring and Enforcement; Termination

9.1. We have the right to:

(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

(b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for the Company.

(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(d) Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Services.

(e) Terminate or suspend your access to all or part of the Services for any or no reason, including but not limited to any violation of these Terms.

9.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

9.3. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

  1. Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

(a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

(c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

(e) Be likely to deceive any person.

(f) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(g) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

(h) Impersonate any person or misrepresent your identity or affiliation with any person or organization.

(i) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

  1. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible though the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to our Copyright Agent (designated below), which must include substantially the following:

(a) Your physical or electronic signature.

(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

(d) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

(f) A statement that the information in the written notice is accurate.

(g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive such written notifications is: Artavia Berry Email: ceo@blaqmoji.com.

 

  1. Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

 

  1. Changes to the Services

We may update the content of the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material provided with the Services may be out of date at any given time, and we are under no obligation to update such material.

 

  1. Information About You and Your Visits and use of the Services.

All information we collect through the App and our website is subject to our Privacy Policy. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

  1. Linking to the App and Social Media Features

15.1. You may link to our App and Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

15.2. The App and the Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the App or the Website; (b) send emails or other communications with certain content, or links to certain content, on the App or the Website, or (c) cause limited portions of content on the App and the Website to be displayed or appear to be displayed on your own or certain third-party websites.

15.3. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

(a) Establish a link from any website that is not owned by you.

(b) Cause the App and/ or the Website or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

(c) Link to any part of the App or the Website other than the homepage.

(d) Otherwise take any action with respect to the materials on this App, the Website or our Services that is inconsistent with any other provision of these Terms of Service.

(e) The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

15.4. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

15.5. We may disable all or any social media features and any links at any time without notice in our discretion.

 

  1. Links from the App or Services.

If the App, the Website or the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the App, the Website or the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

  1. Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PHONE, TABLET, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SERVICES AND THEIR CONTENT IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR OR ANY ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content and products other than as expressly authorized in these Terms of Service, or your use of any information obtained herein.

 

  1. Governing Law and Jurisdiction

20.1. All matters relating to the App and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed solely and exclusively in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

20.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco, California and County of San Francisco although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the governing law set forth above.

 

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. Waiver and Severability

23.1. No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

23.2. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

  1. Entire Agreement

The Terms of Service constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

 

  1. Your Comments and Concerns

This App and the Services are offered by Blaqmoji, LLC, a California limited liability company located at 1291 Martin Luther King Dr. Hayward CA 94541. All notices of copyright infringement claims should be sent to the copyright agent designated in these Terms in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@blaqmoji.com