emojidex General License Terms and Conditions

Version 1.0.2

1. Preamble:

These terms and conditions set the basis for emojidex licenses. Only licenses grant usage rights for emojidex, including emoji image assets, source code, libraries, modules, scripts, lists, software tools and apps. These Terms and Conditions do not grant a specific license for use of the emojidex service, software, or assets.  All specific license grants for usage will be under these terms and conditions.  Each specific license will identify the Licensee and the specific terms of the license. In case of a conflict between a specific license and these terms and conditions, the terms to the specific license shall control.

2. Definitions

[A] Emoji

An emoji [絵文字] is a graphical character. Emoji may be used as icons embedded within strings of text, as individual images, or as digital “stamps” or “stickers” embedded within digital content or messages. Each emoji contains one or more code. Codes may be individual character codes in encoding sets such as, but not limited to: Unicode, UTF-8 and Shift-JIS. Other forms of codes may be names or identifying words or strings of text, often enclosed in “escape” characters, most commonly colons “:”. Emoji data is not limited to images and codes, each emoji may contain a variety of extended data such as copyright, license, author, URL, animation information, sounds, variants, extended data payloads, extended information hashes, tags, categories, details, etc.

emojidex defines three types of emoji:

UTF emoji: UTF emoji are emoji which have been defined and given distinct character codes within the Unicode standard. UTF emoji may also be referred to as “standard emoji”. UTF emoji will almost invariably contain a UTF-8 character code and distinct U+ character code. UTF emoji are not wrapped in escape characters to designate they are emoji.

Extended emoji: Extended emoji are emoji that are created by the emojidex project and to which the emojidex project holds all rights and copyright. Extended emoji are covered in emojidex Licenses along with UTF emoji.

User emoji: User emoji are emoji that have been submitted to the emojidex service by general users and 3rd parties. emojidex will not hold the copyright to the majority of these emoji, and emojidex licenses do not grant copyright privileges on these emoji. Utilization and rights to User emoji are covered in the emojidex Terms of Service.

[B] emojidex [絵文字デックス]

emojidex may reffer to any virtual sources, data and assets contained in the emojidex project and/or the emojidex online service and/or the emojidex project itself. emojidex is a trademarked brand, and all sources, data and assets belonging to the emojidex brand are copyright Kabushiki Kaisha GenSouSha [Phantom Creation Incorporated] of Aichi, Japan. Hereafter known as GENSOUSHA.

[C] Official emojidex tools

Official emojidex tools include software libraries / modules / plug-ins / interfaces / widgets and any other software distributed by the emojidex project. Official tools include but may not be limited to those distributed on GitHub under the emojidex association, found at https://github.com/emojidex/ .

[D] Modified emojidex tools

Modified emojidex tools are Official emojidex tools which have been modified by a third party, wherein those modifications have not been integrated with the official emojidex tools.

[E] Unofficial emojidex tools

Unofficial emojidex tools include any tool built by a third party that utilizes any emojidex resource or asset, wherein these tools are not modifications of Official emojidex tools, but may include source fragments from Official emojidex tools or Modified emojidex tools.

[F] emojidex Assets

Assets include but are not limited to:

  • Vectorized Image Graphics, such as SVG files
  • Bitmapped or Rasterized Image Graphics, such as PNG files
  • Animation Data
  • Effects and Filters
  • Animation Specification Files and Hashes, such as animation.json files
  • Emoji Information Hashes
  • Emoji Information Hash Lists, such as emoji.json files
  • Compiled versions of any emojidex Asset

[G] emojidex Sources

Sources include but are not limited to:

  • Source Code
  • Build Scripts
  • Helper and Utility Scripts
  • Specification Files
  • Test Scripts
  • Requirements lists such as Gemfiles
  • Packages or Libraries built from or including Sources
  • Obfuscated or Minified Source Code
  • Compiled versions of any emojidex Sources

[H] Permitted Visual Modifications

Generally Permitted Visual Modifications to emojidex tools and assets include but are not limited to:

  • Changing themes or layouts of widgets or interfaces.
  • Changing display size or orientation of interface elements, including emoji.
  • Altering or removing categorization and tagging functionality from the interface.
  • Altering search functionality, tagging or categorization in a way that does not increase polling or request rates to any emojidex API beyond the limits available in an unmodified version of an Official emojidex tool.
  • Changing the number, type or quality of the emoji obtained from the emojidex content delivery network.
  • Changing the pagination of emoji lists.
  • Adding a filter or modifier to emoji assets, such as one which changes color or shape of emoji or visually distorts emoji.

[I] Functional Modifications Only Permissible With A License

Functional Modifications to emojidex tools and assets that are only permissible with a license that specifically grants said modification rights, include but are not limited to:

  • Disabling or failing to implement integration with the emojidex service.
  • Removing links, except in the case where the platform used does not support links or where including links would significantly impair the interface or performance of the application.
  • Removing copyright or license notices or links to copyright or license notices. Copyright and license notices may be relocated, but when they are present and presented to users in official tools they must also be present and presented to users in modified and unofficial tools.
  • Blocking or diverting requests to the emojidex service. You may provide additional information from a secondary service, but no emoji information that is provided by emojidex may be provided by an alternative service.
  • Providing emoji assets other than those from the emojidex service and content delivery network.
  • Providing older emoji or previous version of emoji from the emojidex service or content delivery network. This does not include providing older versions of an emoji from a local cache; however caches must be maintained to regularly check and update local assets when the check sums or date of last update on the emojidex service differ from the local cache.

This list may be updated.

3. License Types

Open License

An emojidex Open License is granted to any party distributing Open Source packages and projects, wherein the license applied is deemed Open Source by the Open Source Initiative.

Closed License

An emojidex Closed License is granted to Closed Source packages and projects. A Closed License may be obtained by paying a license fee, or without license fee by fully implementing connectivity to the emojidex service as defined in [Full emojidex Service Utilization] in these Terms and Conditions.

Commercial Print and Tangible Goods License

The production of printed materials, tangible goods or any physical manifestation or production based on or utilizing emojidex assets requires a License for the Production of Printed and Tangible Goods. It is forbidden to use any emojidex assets for any distributed or publicly released physically tangible material, nor for any physical products without a license specifically allowing said production.

Non-commercial printed and physical material not for commercial use do not require a special license.

A waiver is hereby granted to the following commercial use cases without a special license under the condition a simple copyright notice of:

emoji ©emojidex https://www.emojidex.com

be present on or with all materials. Use cases eligible for this waver include:

  • Use in educational material such as text books, print outs, worksheets, notices, bulletins, fliers, newsletters, etc.
  • Use in printed news material, fliers, newspapers, magazines, etc.
  • Use in advertising materials such as in-store displays, product descriptions, pamphlets, etc. where the emoji are used in-line and not as a major feature of the advertisement.
  • Any commercial use case where the emoji are not an integral part of the product being sold (notify info@emojidex.com for confirmation).

For clarification of whether or not a commercial use case is eligible for a waiver contact info@emojidex.com.

4. Full emojidex Service Utilization

In order to fully utilize the emojidex service, the following conditions must be met:

  • All emoji base information and assets must be obtained from the emojidex service and content delivery network.
  • When possible, assets must be cached to reduce traffic to the emojidex content delivery network.
  • All assets must be periodically checked to determine if there are newer versions of those assets on the emojidex Service or content delivery network. Checksums should be used to compare locally cached emoji to those available on the emojidex service. Checks should be performed at least once every 72 hours or the first time a client is run after a 72 hour period for User emoji. A similar check should be performed and at least once every 10 days for UTF and Extended emoji. The generally accepted way of checking for newer versions of emoji assets will be with MD5 sum, which can be obtained through the emojidex API.
  • Seed emoji may be distributed with a package or project when they are required for the interface or operation of that package or project before updated assets may be obtained. In this situation these seed assets must be checked and replaced with newer versions of the emoji used as seeds as quickly as possible.
  • Links to, and/or notices must be made clearly visible to users that emoji assets are being obtained from emojidex must exist somewhere within the package or project. These notices and/or links may be nested in About screens, online-help, settings screens or other locations not constantly visible or visible while using or displaying emoji.
  • If it is possible to turn emoji images into hyperlinks on the platform being used, emoji used as stamps or icons within text must be made into hyperlinks when a URL attribute is present for that emoji.
  • emoji obtained from the emojidex Service may not be replaced with alternative versions. All emoji displayed to a user must be the emoji obtained from the emojidex Service.
  • Copyright information, URLs and other auxiliary information associated with emoji must never be replaced or altered.
  • emoji graphical assets and indexes may be filtered / black or white listed / blocked for content such that these emoji will not be displayed or appear in search results. When filtered these emoji will not be displayed and no alternative emoji or image will be displayed in their place; either the code must be displayed as plain text or redacted entirely.
  • A reasonable effort must be made to minimize traffic to the emojidex Service and content delivery networks. Consecutive queries in very short periods of times should be avoided. Pre-caching of emojidex assets should be kept to a reasonable minimum. If your application or client is found to be over-utilizing the API or content delivery networks you may be charged for that usage.
  • emoji image assets obtained from the emojidex Service may be cosmetically altered if said cosmetic alteration is uniform and does not violate copyright. Examples of acceptable alterations are applying image filtering, altering or removing colors, blurring, applying mosaics, applying bevels, applying shadows, adding movement, adding effects such as particles, and applying transition animations.

Open Licenses

All terms and conditions are subject to the emojidex Open License.

Closed Licenses

Closed Licenses are granted exclusively by emojidex on a case-by-case basis. The terms and conditions of any Closed License and the fees for any Closed License may not be disclosed by anyone holding or in the process of obtaining a Closed License without the permission of emojidex.

Fees for Closed Licenses

Fees for works including emojidex assets / sources, or closed source software that does not use the emojidex service or for software implementing any of the conditions defined in [Functional Modifications Only Permissible With A License] will be determined on a case-by-case basis.

Closed Licenses Varieties

Assets and Tools

Usage as virtual assets of all base Unicode/UTF emoji and extended emoji, modified or unmodified emojidex tools, JSON listing files and other assets. Assets include vector graphics in SVG format found in emojidex-vectors and raster images in PNG format found in emojidex-rasters. JSON emoji lists found in each collection and each repository in emoji.json, categories are located at the collection root as categories.json. Alternative formats available on request.

Asset Only

Usage as virtual assets of all base Unicode/UTF emoji and extended emoji, JSON listing files and other assets. Assets include vector graphics in SVG format found in emojidex-vectors and raster images in PNG format found in emojidex-rasters. JSON emoji lists found in each collection and each repository in emoji.json, categories are located at the collection root as categories.json. Alternative formats available on request.

Tool Only

Usage of modified or unodified emojidex tools, software, and sources without any inclusion or reference to emojidex emoji assets and without using the emojidex service. Under a Closed License emojidex tool usage and modification can include modification of any source without the need to publicly disclose said modification, and distribution without the requirement of notice or of modification of license may be permitted.

Coverage

emojidex Open and Closed licenses only apply to virtual media and electronic transmission and distribution. Physical / tangible / printed media is covered in [Print and Tangible Goods License].

Discounts

Discounts may be given to educational, scientific, humanitarian or Open Source friendly organizations; or to parties that assist in or support continued development and maintenance of emojidex tools and services; or to parties who contribute assets to the emojidex project.

License Fee Waivers

License fees may be waived for parties who develop or maintain ports of emojidex tools or interfaces to the emojidex service, under an acceptable open source license, in languages or on platforms not officially supported by the emojidex developers.

Payment Terms

The term of the issued license will be calculated from the time of official, public or private release of the software product or media. Term will not be calculated from time of payment.

Payment may be made before release for a 5% discount. Payment after release must be made within 30 days. Software and virtual media releases found to be in violation of free license terms will be notified and are required to adjust to meet free license terms or payment for must be made within 30 days of notification. When found delinquent a compounding 1% interest fee on the amount due will be added for each day after the known or estimated release date of the software or media.

Applicable Law

Any dispute arising under these terms shall be adjudicated under the laws of Japan irrespective of the locale of the license execution and use.