Anthill Inc. Terms of Service (“Terms”)
Effective: December 27, 2019
These Terms form a legally binding contract between you and Anthill Inc. (“Anthill”). By using our products or services that link to these Terms ( the “Services”), you are agreeing to these Terms. Do not use the Services if you do not agree to these Terms.
1. Permission to Use the Services
Anthill 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’ benefits in a way that these Terms allow. We may terminate this right to access and use the Services at any time and for any reason.
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.
2. Restrictions on Use of the Services
You may not use the Services except as authorized by these Terms.
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 laws prohibit these restrictions or you have our written permission to do so.
If you are under the age of 13, you are not allowed to create an account or use the Services.
By using the Services, you represent that you comply and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
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 the Services or other users’ content or information 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 or links to 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.
- You will not encourage or promote any activity that violates these Terms.
You therefore may not use the Services in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.
- bullies, harasses, or intimidates.
- spams or solicits our users or other parties.
You may not:
- use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials used in our Services, except as explicitly allowed by these Terms and any guidelines published by Anthill
- violate or infringe Anthill’s copyrights, trademarks, or other intellectual property rights.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
- use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
3. Use of Content
Our Services allow you to use, upload, post, send, receive, and store content. The content is our proprietary intellectual property which was developed at significant expense. Except for the permission to use the content as granted above, all rights, title, interest and ownership of the content remains with us.
You may not use content except as authorized by these Terms.
You may not use any content from the Services for commercial purposes.
Although we want you and other users to share pieces of content in social media and create memes from the content to share with other users even if outside of our platform, you are not permitted to copy the content to build your own apps or to create other products or services.
You retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
We call Story submissions that are set to be viewable by Everyone as well as content you submit to crowd-sourced Services, including Our Story, “Public Content.” For all content you submit to the Services other than Public Content, you grant Anthill and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For Public Content, you grant Anthill, our affiliates, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant Anthill, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Anthill, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Snapchat application or on one of our business partner’s platforms.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for Anthill letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
With respect to your use of Bitmoji, you grant Anthill, our affiliates, and our business partners a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, distribute, promote, exhibit, broadcast, syndicate, publicly perform, and distribute (a) any actual or simulated likeness, image, voice, name, poses, or other personal characteristics (collectively, your “Likeness”) embodied in a Bitmoji Avatar or the Bitmoji Services, and (b) any materials you create using the Bitmoji Services, as well as the right to create and use derivative works from those materials, in any and all media or distribution methods (now known or later developed). This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This means, among other things, that you will not be entitled to any compensation from Anthill, our affiliates, or our business partners if your name, likeness, or voice is conveyed through or in connection with Bitmoji, either on the Bitmoji application or on one of our business partner’s platforms.
Should you develop or be deemed to have any rights in a Bitmoji Avatar not granted by these Terms, you agree to irrevocably and unconditionally assign to Anthill all of your additional right, title, and interest, including all copyrights, in and to such Bitmoji Avatar.
If you provide us with any feedback or suggestions regarding our Services, you agree that we can use them without compensating you, and without any restriction or obligation to you.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Anthill reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to our Terms or Guidelines.
6. Copyrights of Third Parties
Anthill abides by all copyright laws, including the Digital Millennium Copyright Act. We will take reasonable steps to promptly remove from our Services any infringing material that we become aware of. If Anthill becomes aware that you have infringed copyrights, we may terminate your account.
If you believe that anything on the Services infringes a copyright that you own or control, please report it to us:
14 Mica Lane - Suite 204, Wellesley, MA 02481
Attn: Collard Advisory Group, Inc.
If you provide us with notice of copyright infringement, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the 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.
- 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.
7. Your Account
You are responsible for any activity that occurs in your Anthill account. You must keep your account secure. Always select a strong password that you do not 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 Anthill account, the Services, or an Anthill username, without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please contact us at the email address specified at the end of these Terms.
8. 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 an Anthill account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
9. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Anthill is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
10. Modifying the Services and Termination
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
You can terminate these Terms at any time and for any reason by deleting your account.
Anthill may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our 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 Anthill continue to be bound by Sections 2, 3, 4, 5, 6, 11, 12, 13, 14, 15, 16 and 17 of the Terms.
We do not make any warranties or representations about the Services or your use of or the outcome of the Services. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW 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, 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 CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
ANTHILL 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 ANTHILL WILL BE RESPONSIBLE FOR.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Anthill and our directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including 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.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANTHILL AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, INCLUDING WITHOUT LIMITATION IF 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 OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF ANTHILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANTHILL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID ANTHILL, IF ANY, IN THE LAST 12 MONTHS.
14. Exclusive Venue
You agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the federal and state courts in the Commonwealth of Massachusetts. You consent to the personal jurisdiction of both courts.
15. Choice of Law
The laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
- These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Anthill, and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer, sublicense or assign any of your rights or obligations under these Terms without our consent.
If you should have any reason to contact us, please send an email to us at email@example.com or correspondence to 14 Mica Lane - Suite 204, Wellesley, MA 02481 Attn: Collard Advisory Group, Inc.