• Terms of Service

    Effective: February 23, 2016

    Welcome to LetterMe!

    Thank you for deciding to use our products and services all of which are referred to in these

    Terms of Service as the “Services.”

     

    Please note that these Terms of Service (the “Terms”) govern our relationship with you and your

    use of the Services and form a legally binding contract between you and LetterMe, Inc. Please

    read the Terms carefully. By using the Services, you agree to the Terms. If you don’t agree

    to the Terms, you cannot use the Services.

     

    We have the right to change the Terms at any time and from time to time, with or without notice

    to you. Your continued use of the Services following any such changes will constitute your

    acceptance of such changes. Therefore, we suggest that you review the Terms whenever you use

    the Services so that you are aware of any changes.

     

    ARBITRATION NOTICE: PLEASE NOTE THAT THESE TERMS CONTAIN AN

    ARBITRATION CLAUSE (SEE SECTION 17 BELOW). EXCEPT FOR CERTAIN TYPES

    OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND LETTERME

    AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY

    BINDING ARBITRATION AND BY USING THE SERVICES YOU WAIVE ANY RIGHT

    TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

    1. Use of the Services

    No one under 13 is allowed to create an account or use the Services. We may offer additional 

    Services from time to time with additional terms that may require you to be more than 13 years 

    old to use them. 

     

    By using the Services, you state and agree that:

     

    • You can form a binding contract with LetterMe.  If you are between the ages of 13 and 18, your parent or legal guardian has reviewed and agreed to the Terms;
    • You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction; 
    • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and
    • If you are using the Services on behalf of a business or some other entity, you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of such business or entity.

    2. Content Created by You

    The Services enable you to create, upload, post, send and store original artwork and/or other 

    content created by you (the “Content”), including emojis, stickers and a personal handwriting 

    font (a “Personal Font”).  Your Content will be stored in your private library and if you do not 

    share your Content with other users, as described below, you will have such ownership and 

    intellectual property rights in and to such Content as may be provided by law.   However, by 

    using the Services you hereby grant to us a worldwide, perpetual, royalty-free and transferable 

    license to host, store, use, display, reproduce, modify, adapt, edit, publish, broadcast, promote, 

    and exhibit your Content in any form and in any and all media or distribution methods (now 

    known or later developed) for the limited purpose of operating, developing, providing, 

    promoting, and improving the Services.  In addition to providing this license to us, you 

    acknowledge and agree that we own the actual bits and bytes of data on our servers and you have 

    no property or other interest or right in such data, or to any of our servers, infrastructure or 

    Services.

     

    You may decide to share your Content with other users of the Services by including such 

    Content in messages sent to such users, or with other parties through a third-party service that is 

    integrated with our Services (a “Third Party Service”), such as Facebook, Twitter, Instagram, 

    and Tumblr (any Content so shared is referred to as “Shared Content”) and in any such event you 

    are dedicating that Shared Content to the public domain and waiving any intellectual property 

    rights you have in and to the Shared Content, including under copyright law.  If you decide to 

    share your Content through a Third Party Service, you are authorizing us to deliver the Content 

    to that Third Party Service and that Third Party Service’s handling of your Content will be 

    subject to its own terms and conditions and it is your responsibility to review and accept such 

    terms and conditions.  

     

    Any user or other person that receives Shared Content from you will be free to use, copy, modify 

    (other than your Personal Font), distribute and perform the Shared Content, including for 

    commercial purposes, without asking your permission.  Please be aware that if you decide to 

    convert any of your Content to Shared Content by sharing such Content with another, that 

    decision is final and cannot be reversed.  

     

    While we’re not required to do so, we may access, review, screen, and delete any of your 

    Content at any time and for any reason, including if we think your Content violates these Terms. 

    However, you alone are responsible for the Content you create, post, store, or send through the 

    Services.

     

    We always love to hear from our users. However, if you volunteer feedback or suggestions to us, 

    you are hereby giving us permission to use your ideas without compensating you.

    3. Other Content

    Much of the content on our Services is produced by users, publishers, and other third parties. All 

    such content is the sole responsibility of the person or organization that created it. Although we 

    reserve the right to review all content that appears on the Services and to remove any content that 

    violates these Terms, we do not necessarily review all such content and we are not responsible 

    for any content provided by users through the Services.

    4. Privacy

    Your privacy matters to us. Please carefully review our Privacy Policy to understand how we handle

    your information when you use the Services. By using the Services, you agree that LetterMe can

    collect and use your information consistent with that policy.

    5. Other People's Rights

    We respect the rights of others and we expect our users to do the same. You therefore may not

    post, upload or send any Content to the Services that violates or infringes another person’s or

    entity’s rights, including publicity, privacy, copyright, trademark, or other intellectual property

    rights. This means that if you don’t have rights to post your Content (whether under these Terms

    or through a separate license), you can’t post it.

    6. LetterMe's Rights

    All aspects of the Services that are not Content or Shared Content are owned by us and we own 

    all right, title and intellectual property in the Services and all aspects and content thereof (the 

    “LetterMe Content”).  LetterMe Content includes the selection, compilation, arrangement, 

    interfaces and presentation of all materials in the Services, and the overall design of the Services 

    is copyrighted by us and protected by applicable US and international laws.  Use of LetterMe 

    Content without our express prior written consent is strictly prohibited.  LetterMe and the 

    LetterMe logo are trademarks or registered trademarks of LetterMe in the United States.  Our 

    trademarks may not be used in connection with any product or service without our express 

    written consent.  These Terms do not grant you any right to use branding, logos, designs, 

    photographs, videos, or any other materials used in our Services.  You may not download, 

    distribute, syndicate, broadcast, perform, or display any portion of the Services except as 

    expressly set forth in these Terms.

    7. Copyright Infringement

    LetterMe deals with copyright infringement in accordance with the Digital Millennium

    Copyright Act (“DMCA”). We have adopted and will reasonably implement a policy that

    provides for the termination in appropriate circumstances of the accounts of repeat copyright

    infringers.

     

    We make it easy for you to report suspected copyright infringement. If you believe that anything

    on the Services infringes a copyright that you own or control, please fill out this form. Or you may

    file a notice with our designated agent:

     

    LetterMe, Inc.

    Attn: Copyright Agent

    200 W. 67th Street #36E

    New York, New York 10023

    email: legal@letterme.com

     

    If you file a notice with our Copyright Agent, that notice must:

    • contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
    • identify the copyrighted work claimed to have been infringed;
    • identify the material that is claimed to be infringing or to be the subject of infringing

      activity and that is to be removed, or access to which is to be disabled, and information

      reasonably sufficient to let us locate the material;

    • provide your contact information, including your address, telephone number, and an

      email address;

    • provide a personal statement that you have a good-faith belief that the use of the material

      in the manner complained of is not authorized by the copyright owner, its agent, or the

      law; and

    • provide a statement that the information in the notification is accurate and, under penalty

      of perjury, that you are authorized to act on behalf of the copyright owner.

    We may elect not to respond to any notice that doesn’t substantially comply with the above

    requirements. We may also elect to remove allegedly infringing material that comes to our

    attention, regardless of the DMCA.

    8. Restrictions on Use

    By using the Services, you agree that:

    • You will not use the Services for any purpose that is illegal or prohibited in these Terms;
    • You will not use any robot, spider, crawler, scraper, or other automated means or

      interface to access the Services or extract other user’s information;

    • You will not use or develop any third-party applications that interact with other users’

      content or the Services without our written consent;

    • You will not use the Services in a way that could interfere with, disrupt, negatively affect,

      or inhibit other users from fully enjoying the Services, or that could damage, disable,

      overburden, or impair the functioning of the Services;

    • You will not use or attempt to use another user’s account, username, or password without

      their permission;

    • You will not solicit login credentials from another user;

    • You will not post content that contains pornography, graphic violence, threats, hate

      speech, or incitements to violence;

    • You will not upload viruses or other malicious code or otherwise compromise the

      security of the Services;

    • You will not attempt to circumvent any content-filtering techniques we employ, or

      attempt to access areas or features of the Services that you are not authorized to access;

    • You will not probe, scan, or test the vulnerability of our Services or any system or

      network; and

    • You will not encourage or promote any activity that violates these Terms.

    9. Your Account

    You are responsible for any activity that occurs in your account. So it’s important that you keep

    your account secure. One way to do that is to select a strong password that you don’t use for any

    other account.

     

    By using the Services, you agree that, in addition to exercising common sense:

    • You will not create more than one account for yourself;
    • You will not create another account if we have already disabled your account, unless you have our written permission to do so;
    • You will not buy, sell, rent, or lease access to your account or your username;
    • You will not share your password; and
    • You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

    Please notify us immediately at support@letterme.com if you think that someone has gained

    access to your account.

    10. In-App Purchases and Payments

    In the future we may offer various virtual goods and services (each a “Product”) that you can

    purchase and use through the Services (each an “In-App Purchase”). You will not own any of the

    Products; instead you will purchase a limited revocable license to use a Product. You’ll always

    be shown the price for a Product before you complete an In-App Purchase. LetterMe will not

    handle payments or payment processing for any In-App Purchase. Rather, those will be handled

    by the app store you use (such as Apple’s App Store or Google’s Play Store) to make the In-App

    Purchase. The app store you use may charge you sales tax, depending on where you live. Please

    check the app store’s relevant terms for details prior to making any In-App Purchase.

     

    All In-App Purchases will be final and non-refundable. Since we will give you immediate access

    to a Product as soon as you complete the In-App Purchase, you hereby knowingly waive any

    right you may have under any applicable federal, state, local or foreign law to cancel your

    purchase once it’s completed or to get a refund. THEREFORE, BY ACCEPTING THESE

    TERMS, YOU AGREE THAT LETTERME WILL NOT BE REQUIRED TO PROVIDE A

    REFUND FOR ANY IN-APP PURCHASE FOR ANY REASON.

     

    We may change, modify, or eliminate Products at any time, with or without notice. You agree

    that we will bear no liability to you or any third party if we do so. If we suspend or terminate

    your account, you will lose any Products you purchased through the Services.

     

    It is your sole responsibility to manage your In-App Purchases.  For information about how to 

    restrict In-App Purchases on your device, please consult your app store’s terms. If you are under 

    18, you must obtain your parent’s or guardian’s consent before making any In-App Purchases.

    11. License to Use Services

    LetterMe hereby grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, 

    revocable, and non-sublicensable license to access and use the Services. This license is for the 

    sole purpose of letting you use and enjoy the Services in a way that are permitted by these 

    Terms.  

     

    Any software that we provide you may automatically download and install upgrades, updates, or 

    other new features. You may be able to adjust these automatic downloads through your device’s 

    settings.

     

    You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you 

    reverse engineer or attempt to extract the source code of any software, unless applicable laws 

    prohibit these restrictions or you have our prior written consent to do so.

    12. Data Charges and Mobile Phones

    You are responsible for any mobile charges that you may incur for using our Services, including 

    text-messaging and data charges.  If you’re unsure what those charges may be, you should ask 

    your service provider before using the Services.

     

    If you change or deactivate the mobile phone number that you used to create a LetterMe account, 

    you must update your account information through Settings within 72 hours to prevent us from 

    sending to someone else messages intended for you.

    13. Modification of the Services and Termination

    We are constantly improving our Services and creating new ones, and we may add or remove 

    features or functionalities from time to time.  We may also suspend or stop the Services 

    altogether.  We may take any of these actions at any time without giving you prior notice.

     

    You can terminate these Terms at any time and for any reason by deleting your LetterMe account 

    or uninstalling the app from your device.

     

    LetterMe may also terminate these Terms with you at any time, for any reason, and without 

    advance notice. In that event we may stop providing you with any Services, or impose new or 

    additional limits on your ability to use the Services.  For example, we may deactivate your 

    account due to prolonged inactivity, and we may reclaim your username at any time for any 

    reason.

     

    Regardless of who terminates these Terms, both you and LetterMe will continue to be bound by 

    Sections 2, 6, 9, 10, and 13-21 of these Terms.

    14. Indemnity

    You agree to indemnify, defend, and hold harmless LetterMe, our shareholders, officers,

    directors, employees, affiliates, licensors, and suppliers from and against any and all complaints, 

    charges, claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ 

    fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) 

    your Content; and (c) your breach of these Terms. If you are agreeing to these Terms on behalf 

    of a business or other entity, this indemnity obligation applies to that business or other entity.

    15. Important Disclaimers

    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT 

    WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT 

    LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 

    PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  IN ADDITION, WHILE 

    LETTERME ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT 

    REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, 

    ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT 

    DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY LETTERME 

    CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE 

    SERVICES WILL BE TIMELY OR ACCURATE.

     

    LETTERME TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY 

    CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, 

    POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU 

    UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT 

    MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, 

    NONE OF WHICH LETTERME WILL BE RESPONSIBLE FOR.

    16. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, LETTERME AND ITS

    SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS,

    AND SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY

    INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR

    ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR

    INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE

    LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO

    ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS

    OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR

    ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF LETTERME HAS BEEN

    ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL

    LETTERME’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE

    SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID

    LETTERME, IF ANY, IN THE LAST 12 MONTHS.

     

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

    CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN 

    THIS SECTION MAY NOT APPLY TO YOU.

    17. Arbitration, Class Waiver, and Jury Waiver

    PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY

    REQUIRE YOU TO ARBITRATE DISPUTES WITH LETTERME, AND LIMIT THE

    MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

     

    a. Applicability of Arbitration Agreement. All claims and disputes arising out of, relating

    to, or in connection with the Terms (including the provisions of this Section 17), the

    provision or use the Services, or our relationship with each other (each an “Arbitral

    Claim”), that cannot be resolved informally will be resolved by binding arbitration on an

    individual basis in New York, New York, except that you and LetterMe are not

    prohibited from seeking provisional equitable remedies, including a temporary restraining

    order or preliminary injunction, from a court of competent jurisdiction for alleged

    unlawful use or infringement of copyrights, trademarks, trade names, logos, trade secrets,

    patents or other intellectual property, pending the final outcome of such arbitration.

     

    b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and

    enforcement of this dispute-resolution provision. Arbitration will be initiated through the

    American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the

    parties will select an alternative arbitral forum. The rules of the arbitral forum will

    govern all aspects of this arbitration, except to the extent those rules conflict with these

    Terms. The AAA Arbitration Rules governing the arbitration are available online at

    www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be

    conducted by a single, neutral arbitrator.

     

    c. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator

    and the rights and liabilities, if any, of you and LetterMe. The dispute will not be

    consolidated with any other matters or joined with any other cases or parties. The

    arbitrator will have the authority to grant motions dispositive of all or part of any claim or

    dispute. The arbitrator will have the authority to award monetary damages and to grant

    any non-monetary or equitable remedy or relief available to an individual under

    applicable law, the arbitral forum’s rules, and these Terms. The arbitrator will issue a

    written award and statement of decision describing the essential findings and conclusions

    on which the award is based, including the calculation of any damages awarded. The

    arbitrator has the same authority to award relief on an individual basis that a judge in a

    court of law would have. The award of the arbitrator will be final and binding upon you

    and LetterMe.

     

    d. Waiver of Right to Trial. YOU AND LETTERME WAIVE ANY CONSTITUTIONAL

    AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT

    OF A JUDGE OR A JURY. Except as otherwise provided in these Terms, you and

    LetterMe are instead electing to have all claims and disputes resolved by arbitration.

    Arbitration procedures are typically more limited, more efficient, and less costly than

    rules applicable in court and are subject to very limited review by a court.

     

    e. Waiver of Jury Trial. YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL FOR

    ANY ARBITRAL CLAIM. IF THIS AGREEMENT TO ARBITRATE IS HELD NOT

    TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH CLAIM IS AGAINST

    YOU OR LETTERME, OR IF THERE IS ANY LITIGATION BETWEEN YOU AND

    LETTERME OVER WHETHER TO VACATE OR AN ENFORCE AN

    ARBITRATION AWARD OR OTHERWISE, BOTH YOU AND LETTERME AGREE

    TO WAIVE A JURY TRIAL FOR THAT ARBITRAL CLAIM OR WITH RESPECT

    TO SUCH LITIGATION.

     

    f. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN

    THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR

    LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND

    CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR

    LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER

    USER. NEITHER YOU NOR LETTERME WILL (I) JOIN ANY ARBITRAL CLAIM

    WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT,

    ARBITRATION OR OTHER PROCEEDING OR (II) ASSERT AN ARBITRAL

    CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

    BOTH YOU AND LETTERME EXPRESSLY WAIVE THE RIGHT TO FILE A

    CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If, however, any court or

    arbitrator determines that the class action waiver set forth in this subsection is void or

    unenforceable for any reason or that an arbitration can proceed on a class basis, then the

    agreement to arbitrate set forth in this Section 17 shall be deemed null and void in its

    entirety and all parties shall be deemed to not have agreed to arbitrate.

     

    g. Confidentiality of Proceedings. No part of the procedures will be open to the public or

    the media. All evidence discovered or submitted at the hearing is confidential and may

    not be disclosed, except by written agreement of the parties, pursuant to court order, or

    unless required by law. Notwithstanding the foregoing, no party will be prevented from

    submitting to a court of law any information needed to enforce this arbitration agreement,

    to enforce an arbitration award, or to seek injunctive or equitable relief.

     

    h. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be

    waived by the party against whom the claim is asserted. Such waiver will not waive or

    affect any other portion of this arbitration agreement.

     

    i. Arbitration Agreement Survival. This arbitration agreement will survive the

    termination of your relationship with LetterMe.

    18. Forum and Venue

    To the extent the parties are permitted under these Terms to initiate litigation in a court, both you 

    and we agree that all such litigation shall be initiated and conducted in the federal or state courts 

    located in the City of New York, Borough of Manhattan, and State of New York.  You consent 

    to the personal jurisdiction of such courts.

    19. Choice of Law

    The laws of the State of New York, other than its conflict-of-laws principles, will govern all 

    disputes between you and LetterMe, but only to the extent they are not preempted by the Federal 

    Arbitration Act.

    20. Severability

    If any provision of these Terms is held to be invalid, illegal or unenforceable, then that provision 

    will be limited or eliminated to the minimum extent necessary for these Terms to remain in 

    force, and such invalidity, illegality or unenforceability shall not affect the validity and 

    enforceability of any other provisions of these Terms.

    21. Entire Agreement; Miscellaneous Provisions

    These Terms make up the entire agreement between you and LetterMe, and supersede any prior 

    written or oral agreements. These Terms do not create or confer any third-party beneficiary 

    rights.  Any failure or delay on our part to enforce any provision of these Terms shall not 

    constitute a waiver of such provision.

    22. Contact Us

    You may contact us at the following address:  

    LetterMe, Inc.

    200 W. 67th Street #36E

    New York, New York 10023