Effective Date: April 2, 2026
Last Updated: April 2, 2026
These Terms of Service ("Terms") govern your use of Emojinary (the "Service"), operated by Octave Partners, LLC dba Oddly ("we," "us," or "our").
By creating an account, you agree to these Terms through the checkbox presented during registration. If you use the Service without creating an account, your continued use after being presented with a notice linking to these Terms constitutes acceptance. If you do not agree, do not use the Service.
Emojinary is a free, daily emoji-guessing game where players identify movies and TV shows from progressively revealed emoji clues. The Service is available at emojinary.game and includes features such as daily puzzles, streaks, statistics, and sharing results.
The Service is intended for a general audience. You must be at least 13 years of age (or the minimum age required in your jurisdiction) to create an account. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
You may create an account using your email address or through Google sign-in. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to notify us immediately of any unauthorized use of your account.
You agree not to:
All original game content — including emoji puzzle combinations, game design, and the selection and arrangement of puzzles — is owned by or licensed to Octave Partners, LLC dba Oddly and is protected by copyright and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.
Our logos and associated branding are the property of Octave Partners, LLC dba Oddly. You may not use our branding without prior written consent.
All movie and television show titles, and associated metadata (including but not limited to cast, crew, ratings, release dates, and plot descriptions), referenced in Emojinary are the property of their respective owners. Emojinary is not affiliated with, endorsed by, or sponsored by any movie studio, television network, or content producer. Such titles and metadata are used under nominative fair use for identification purposes only.
If you submit or share content through the Service (such as sharing game results, emoji grids, or scores), you retain ownership of your shared content but grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content in connection with the Service. You represent that you have the right to share any content you submit.
The Service may integrate with or link to third-party services (e.g., Google for authentication). Your use of those services is governed by their respective terms and privacy policies. We are not responsible for third-party services.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. GAME STATISTICS, LEADERBOARDS, AND SCORES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND ARE NOT GUARANTEED TO BE ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTAVE PARTNERS, LLC DBA ODDLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
You agree to indemnify and hold harmless Octave Partners, LLC dba Oddly, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.
To the extent prohibited by applicable law (including consumer protection laws of the European Union), the foregoing indemnification obligation shall not apply.
Informal Resolution First: Before filing any formal dispute, you agree to contact us at support@emojinary.game with a written description of the dispute. Both parties will attempt to resolve the dispute informally for at least 30 days before initiating arbitration or court proceedings.
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Emojinary that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. The arbitrator shall apply Massachusetts law consistent with Section 14.
Exceptions: Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive or equitable relief in court for intellectual property infringement.
Arbitration Procedures: We will pay all arbitration filing fees. Arbitration may be conducted by telephone, written submissions, or videoconference — no in-person appearance is required unless the arbitrator determines otherwise.
Class Action Waiver: You agree that any arbitration or court proceeding shall be conducted on an individual basis and not as a class action, class arbitration, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration. If this class action waiver is found to be unenforceable, the entire arbitration section (Section 13) shall be void and disputes shall proceed in court.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@emojinary.game within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law principles. Any legal proceedings not subject to arbitration shall be brought in the state or federal courts located in Massachusetts.
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. You may delete your account at any time. Sections that by their nature should survive termination (including but not limited to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law) shall survive.
We reserve the right to modify, suspend, or discontinue the game or any feature at any time without liability. This includes the right to change puzzle frequency, format, or difficulty. Game statistics and leaderboards are provided for entertainment purposes and are not guaranteed to be accurate. We are not responsible for content on third-party websites linked from the Service.
We may modify these Terms from time to time. For material changes, we will provide at least 30 days' advance notice via email to registered users and/or a notice within the Service before the changes take effect. We will also update the "Last Updated" date at the top of this page. An archive of previous versions will be maintained. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Failure to enforce any right is not a waiver of that right.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Octave Partners, LLC dba Oddly regarding the Service and supersede all prior agreements and understandings.
If you have questions about these Terms, contact us at:
Octave Partners, LLC dba Oddly
265 Essex St, Salem, MA 01970
Email: support@emojinary.game