Effective date: January 1, 2018
Welcome to AnteSocial ("AnteSocial,"
"we," "us" or "our"). AnteSocial is a
social media stock market
an innovative and fun way for you to share
media through our platform and earn money in the process. Create posts, follow,
comment, like, dislike and share with others, get paid for the ads you watch
and share with your network, get paid to read and respond to messages from
people outside your network and create real social value or “Social Stock”
price that if you choose allows others to invest in your success.
·
Our Privacy Policy explains how we and some of the companies we
work with collect, use, share and protect information in relation to our mobile
services, web site, and any software provided on or in connection with AnteSocial services (collectively, the "Service"),
and your choices about the collection and use of your information.
·
By using our Service you understand and
agree that we are providing a platform for you to post content, including photos,
comments and other materials ("User Content"), to the Service
and to share User Content publicly. This means that other Users may search for,
see, use, or share any of your User Content that you make publicly available
through the Service, consistent with the terms and conditions of this Privacy
Policy and our Terms of Use (which can be found at www.antesocial.com/terms
·
Our Policy applies to all visitors, users, and others who access
the Service ("Users").
1. INFORMATION WE COLLECT
We collect the following types of information.
Information you provide
us directly:
·
Your username, password and e-mail address when you register for
an AnteSocial account.
·
Profile information that you provide for your user profile
(e.g., first and last name, picture, phone number). This information allows us
to help you or others be "found" on AnteSocial.
·
User Content (e.g., photos, comments, and other materials) that
you post to the Service.
·
Communications between you and AnteSocial.
For example, we may send you Service-related emails (e.g., account
verification, changes/updates to features of the Service, technical and
security notices). Note that you may not opt out of Service-related e-mails.
Finding your friends on AnteSocial:
·
If you choose, you can use multiple features to locate other
people with AnteSocial accounts either through (i) your contacts list, (ii) third-party social media sites
or (iii) through a search of names, tags, social value and usernames on AnteSocial.
·
If you choose to find your friends through (i)
your device's contacts list, then AnteSocial will
access your contacts list to determine whether or not someone associated with
your contact is using AnteSocial.
·
If you choose to find your friends through a (ii) third-party
social media site, then you will be prompted to set up a link to the
third-party service and you understand that any information that such service
may provide to us will be governed by this Privacy Policy.
·
If you choose to find your friends (iii) through a search of
names or usernames on AnteSocial then simply type a
name to search and we will perform a search on our Service.
·
Note about "Invite
Friends" feature: If you choose to
invite someone to the Service through our "Invite friends" feature,
you may select a person directly from the contacts list on your device and send
a text or email from your personal account. You understand and agree that you
are responsible for any charges that apply to communications sent from your
device, and because this invitation is coming directly from your personal
account, AnteSocial does not have access to or
control this communication.
Analytics information:
·
We use third-party analytics tools to help us measure traffic
and usage trends for the Service. These tools collect information sent by your device
or our Service, including the web pages you visit, add-ons, and other
information that assists us in improving the Service. We collect and use this
analytics information with analytics information from other Users so that it
cannot reasonably be used to identify any particular individual User.
Cookies and similar
technologies:
·
When you visit the Service, we may use cookies and similar
technologies like pixels, web beacons, and local storage to collect information
about how you use AnteSocial and provide features to
you.
·
We may ask advertisers or other partners to serve ads or
services to your devices, which may use cookies or similar technologies placed
by us or the third party.
·
More information is available in our About Cookies section
Log file information:
·
Log file information is automatically reported by your browser
each time you make a request to access (i.e., visit) a web page or app. It can
also be provided when the content of the webpage or app is downloaded to your
browser or device.
·
When you use our Service, our servers automatically record
certain log file information, including your web request, Internet Protocol
("IP") address, browser type, referring / exit pages and URLs, number
of clicks and how you interact with links on the Service, domain names, landing
pages, pages viewed, and other such information. We may also collect similar
information from emails sent to our Users which then help us track which emails
are opened and which links are clicked by recipients. The information allows
for more accurate reporting and improvement of the Service.
Device identifiers:
·
When you use a mobile device like a tablet or phone to access
our Service, we may access, collect, monitor, store on your device, and/or
remotely store one or more "device identifiers." Device identifiers
are small data files or similar data structures stored on or associated with
your mobile device, which uniquely identify your mobile device. A device
identifier may be data stored in connection with the device hardware, data
stored in connection with the device's operating system or other software, or
data sent to the device by AnteSocial.
·
A device identifier may deliver information to us or to a third party partner about how you browse and use the Service
and may help us or others provide reports or personalized content and ads. Some
features of the Service may not function properly if use or availability of
device identifiers is impaired or disabled.
Metadata:
·
Metadata is usually technical data that is associated with User
Content. For example, Metadata can describe how, when and by whom a piece of
User Content was collected and how that content is formatted.
·
Users can add or may have Metadata added to their User Content
including a hashtag (e.g., to mark keywords when you post a photo), geotag
(e.g., to mark your location to a photo), comments or other data. This makes
your User Content more searchable by others and more interactive. If you geotag
your photo or tag your photo using other's APIs then, your latitude and
longitude will be stored with the photo and searchable (e.g., through a
location or map feature) if your photo is made public by you in accordance with
your privacy settings.
2. HOW WE USE YOUR INFORMATION
In addition to some of
the specific uses of information we describe in this Privacy Policy, we may use
information that we receive to:
·
help you efficiently access your information after you sign in
·
remember information so you will not have to re-enter it during
your visit or the next time you visit the Service;
·
provide personalized content and information to you and others,
which could include online ads or other forms of marketing
·
provide, improve, test, and monitor the effectiveness of our
Service
·
develop and test new products and features
·
monitor metrics such as total number of visitors, traffic, and
demographic patterns
·
diagnose or fix technology problems
·
automatically update the AnteSocial
application on your device
·
AnteSocial or
other Users may run contests, special offers or other events or activities
("Events") on the Service. If you do not want to participate in an
Event, do not use the particular Metadata (i.e. hashtag or geotag) associated
with that Event.
3. SHARING OF YOUR INFORMATION
We will not rent or sell
your information to third parties outside AnteSocial
(or the group of companies of which AnteSocial is a
part) without your consent, except as noted in this Policy.
Parties with whom we may share your information:
·
We may share User Content and your information (including but
not limited to, information from cookies, log files, device identifiers,
location data, and usage data) with businesses that are legally part of the
same group of companies that AnteSocial is part of,
or that become part of that group ("Affiliates"). Affiliates may use
this information to help provide, understand, and improve the Service
(including by providing analytics) and Affiliates' own services (including by
providing you with better and more relevant experiences). But these Affiliates
will honor the choices you make about who can see your photos.
·
We also may share your information as well as information from
tools like cookies, log files, and device identifiers and location data, with
third-party organizations that help us provide the Service to you
("Service Providers"). Our Service Providers will be given access to
your information as is reasonably necessary to provide the Service under
reasonable confidentiality terms.
·
We may also share certain information such as cookie data with
third-party advertising partners. This information would allow third-party ad
networks to, among other things, deliver targeted advertisements that they
believe will be of most interest to you.
·
We may remove parts of data that can identify you and share
anonymized data with other parties. We may also combine your information with
other information in a way that it is no longer associated with you and share
that aggregated information.
Parties with whom you may
choose to share your User Content:
·
Any information or content that you voluntarily disclose for
posting to the Service, such as User Content, becomes available to the public,
as controlled by any applicable privacy settings that you set. To change your privacy
settings on the Service, please change your profile setting. Once you have
shared User Content or made it public, that User Content may be re-shared by
others.
·
Subject to your profile and privacy settings, any User Content
that you make public is searchable by other Users and subject to use under our AnteSocial API.
·
If you remove information that you posted to the Service, copies
may remain viewable in cached and archived pages of the Service, or if other
Users or third parties using the AnteSocial API have
copied or saved that information.
What happens in the event
of a change of control:
·
If we sell or otherwise transfer part or the whole of AnteSocial or our assets to another organization (e.g., in
the course of a transaction like a merger, acquisition, bankruptcy,
dissolution, liquidation), your information such as name and email address,
User Content and any other information collected through the Service may be
among the items sold or transferred. You will continue to own your User
Content. The buyer or transferee will have to honor the commitments we have
made in this Privacy Policy.
Responding to legal
requests and preventing harm:
·
We may access, preserve and share your information in response
to a legal request (like a search warrant, court order or subpoena) if we have
a good faith belief that the law requires us to do so. This may include
responding to legal requests from jurisdictions outside of the United States
where we have a good faith belief that the response is required by law in that jurisdiction,
affects users in that jurisdiction, and is consistent with internationally
recognized standards. We may also access, preserve and share information when
we have a good faith belief it is necessary to: detect, prevent and address
fraud and other illegal activity; to protect ourselves, you and others,
including as part of investigations; and to prevent death or imminent bodily
harm. Information we receive about you may be accessed, processed and retained
for an extended period of time when it is the subject of a legal request or
obligation, governmental investigation, or investigations concerning possible
violations of our terms or policies, or otherwise to prevent harm.
4. HOW WE STORE YOUR INFORMATION
Storage and Processing:
·
Your information collected through the Service may be stored and
processed in the United States or any other country in which AnteSocial, its Affiliates or Service Providers maintain
facilities.
·
AnteSocial, its
Affiliates, or Service Providers may transfer information that we collect about
you, including personal information across borders and from your country or
jurisdiction to other countries or jurisdictions around the world. If you are
located in the European Union or other regions with laws governing data
collection and use that may differ from U.S. law, please note that we may
transfer information, including personal information, to a country and
jurisdiction that does not have the same data protection laws as your
jurisdiction.
·
By registering for and using the Service you consent to the
transfer of information to the U.S. or to any other country in which AnteSocial, its Affiliates or Service Providers maintain
facilities and the use and disclosure of information about you as described in
this Privacy Policy.
·
We use commercially reasonable safeguards to help keep the
information collected through the Service secure and take reasonable steps
(such as requesting a unique password) to verify your identity before granting
you access to your account. However, AnteSocial
cannot ensure the security of any information you transmit to AnteSocial or guarantee that information on the Service may
not be accessed, disclosed, altered, or destroyed.
·
Please do your part to help us. You are responsible for
maintaining the secrecy of your unique password and account information, and
for controlling access to emails between you and AnteSocial,
at all times. Your privacy settings may also be affected by changes the social
media services you connect to AnteSocial make to
their services. We are not responsible for the functionality, privacy, or
security measures of any other organization.
5. YOUR CHOICES ABOUT YOUR INFORMATION
Your account information
and profile/privacy settings:
·
Update your account at any time by logging in and changing your
profile settings.
·
Unsubscribe from email communications from us by clicking on the
"unsubscribe link" provided in such communications. As noted above,
you may not opt out of Service-related communications (e.g., account
verification, purchase and billing confirmations and reminders, changes/updates
to features of the Service, technical and security notices).
·
Learn
more about reviewing or modifying your account information.
How long we keep your
User Content:
·
Following termination or deactivation of your account, AnteSocial, its Affiliates, or its Service Providers may
retain information (including your profile information) and User Content for a
commercially reasonable time for backup, archival, and/or audit purposes.
6. CHILDREN'S PRIVACY
AnteSocial does not knowingly collect or solicit any
information from anyone under the age of 13 or knowingly allow such persons to
register for the Service. The Service and its content are not directed at
children under the age of 13. In the event that we learn that we have collected
personal information from a child under age 13 without parental consent, we
will delete that information as quickly as possible. If you believe that we
might have any information from or about a child under 13, please contact us.
7. OTHER WEB SITES AND SERVICES
We are not responsible for the practices employed by any
websites or services linked to or from our Service, including the information
or content contained within them. Please remember that when you use a link to
go from our Service to another website or service, our Privacy Policy does not
apply to those third-party websites or services. Your browsing and interaction
on any third-party website or service, including those that have a link on our
website, are subject to that third party's own rules and policies. In addition,
you agree that we are not responsible and do not have control over any
third-parties that you authorize to access your User Content. If you are using
a third-party website or service and you allow them to access your User Content
you do so at your own risk.
8. HOW TO CONTACT US ABOUT A DECEASED USER
In the event of the death of an AnteSocial
User, please contact us. We will usually conduct our communication via email;
should we require any other information, we will contact you at the email
address you have provided in your request.
9. HOW TO CONTACT US
If you have any questions about this Privacy Policy or the Service,
please send an email to [email protected]
10. CHANGES TO OUR PRIVACY POLICY
AnteSocial may modify or update this Privacy Policy from
time to time, so please review it periodically. We may provide you additional
forms of notice of modifications or updates as appropriate under the
circumstances. Your continued use of AnteSocial or
the Service after any modification to this Privacy Policy will constitute your
acceptance of such modification.
These
Terms of Use are effective on January 1, 2018.
By accessing or using the AnteSocial website, the AnteSocial service, or any applications (including mobile
applications) made available by AnteSocial (together,
the "Service"), however accessed, you agree to be bound by these
terms of use ("Terms of Use"). The Service is owned or controlled by AnteSocial, LLC ("AnteSocial
"). These Terms of Use affect your legal rights and obligations.
If you do not agree to be bound by all of these Terms of Use, do not access or
use the Service.
There may be times when we offer a special feature that has its own terms and
conditions that apply in addition to these Terms of Use. In those cases, the
terms specific to the special feature control to the extent there is a conflict
with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF
DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES
BETWEEN YOU AND ANTESOCIAL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION
AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION.
Basic Terms
1. You
must be at least 13 years old to use the Service.
2. You may
not post violent, nude, partially nude, discriminatory, unlawful, infringing,
hateful, pornographic or sexually suggestive photos or other content via the
Service.
3. You are
responsible for any activity that occurs through your account and you agree you
will not sell, transfer, license or assign your account, watchers, username, or
any account rights. With the exception of people or businesses that are
expressly authorized to create accounts on behalf of their employers or
clients, AnteSocial prohibits the creation of and you
agree that you will not create an account for anyone other than yourself. You
also represent that all information you provide or provided to AnteSocial upon registration and at all other times will be
true, accurate, current and complete and you agree to update your information
as necessary to maintain its truth and accuracy.
4. You
agree that you will not solicit, collect or use the login credentials of other AnteSocial users.
5. You are
responsible for keeping your password secret and secure.
6. You
must not defame, stalk, bully, abuse, harass, threaten, impersonate or
intimidate people or entities and you must not post private or confidential
information via the Service, including, without limitation, your or any other
person's credit card information, social security or alternate national
identity numbers, non-public phone numbers or non-public email addresses.
7. You may
not use the Service for any illegal or unauthorized purpose. You agree to
comply with all laws, rules and regulations (for example, federal, state, local
and provincial) applicable to your use of the Service and your Content (defined
below), including but not limited to, copyright laws.
8. You are
solely responsible for your conduct and any federal, state or local taxes, data,
text, files, information, usernames, images, graphics, photos, profiles, audio
and video clips, sounds, musical works, works of authorship, applications,
links and other content or materials (collectively, "Content") that
you submit, post or display on or via the Service.
9. You
must not change, modify, adapt or alter the Service or change, modify or alter
another website so as to falsely imply that it is associated with the Service
or AnteSocial.
10. You
must not access AnteSocial's private API by means
other than those permitted by AnteSocial.
11. You
must not create or submit unwanted email, comments, likes or other forms of
commercial or harassing communications (a/k/a "spam") to any AnteSocial users.
12. You
must not use domain names or web URLs in your username without prior written
consent from AnteSocial.
13. You
must not interfere or disrupt the Service or servers or networks connected to
the Service, including by transmitting any worms, viruses, spyware, malware or
any other code of a destructive or disruptive nature. You may not inject
content or code or otherwise alter or interfere with the way any AnteSocial page is rendered or displayed in a user's
browser or device.
14. You
must not create accounts with the Service through unauthorized means, including
but not limited to, by using an automated device, script, bot, spider, crawler
or scraper.
15. You
must not attempt to restrict another user from using or enjoying the Service
and you must not encourage or facilitate violations of these Terms of Use or
any other AnteSocial terms.
16. Violation
of these Terms of Use may, in AnteSocial's sole
discretion, result in termination of your AnteSocial
account. You understand and agree that AnteSocial
cannot and will not be responsible for the Content posted on the Service and
you use the Service at your own risk. If you violate the letter or spirit of
these Terms of Use, or otherwise create risk or possible legal exposure for AnteSocial, we can stop providing all or part of the
Service to you.
General Conditions
1. We
reserve the right to modify or terminate the Service or your access to the
Service for any reason, without notice, at any time, and without liability to
you. You can deactivate your AnteSocial account by sending
an e-mail to [email protected]. If we terminate your access to the Service
or you request to have your account removed, your photos, comments, likes,
friendships, and all other data will no longer be accessible through your
account (e.g., users will not be able to navigate to your username and view
your photos), but those materials and data may persist and appear within the
Service (e.g., if your Content has been reshared by
others). In the even that AnteSocial deactivates your
account ant revenue will be automatically transferred to the account you have
on file with us. If you request to have your account deactivated any money in
your account must be removed prior.
2. Upon
termination, all licenses and other rights granted to you in these Terms of Use
will immediately cease.
3. We
reserve the right, in our sole discretion, to change these Terms of Use ("Updated
Terms") from time to time. Unless we make a change for legal or
administrative reasons, we will provide reasonable advance notice before the
Updated Terms become effective. You agree that we may notify you of the Updated
Terms by posting them on the Service, and that your use of the Service after
the effective date of the Updated Terms (or engaging in such other conduct as
we may reasonably specify) constitutes your agreement to the Updated Terms.
Therefore, you should review these Terms of Use and any Updated Terms before
using the Service. The Updated Terms will be effective as of the time of
posting, or such later date as may be specified in the Updated Terms, and will
apply to your use of the Service from that point forward. These Terms of Use
will govern any disputes arising before the effective date of the Updated
Terms.
4. We
reserve the right to refuse access to the Service to anyone for any reason at
any time.
5. We
reserve the right to force forfeiture of any username for any reason.
6. We may,
but have no obligation to, remove, edit, block, and/or monitor Content or
accounts containing Content that we determine in our sole discretion violates
these Terms of Use.
7. You are
solely responsible for your interaction with other users of the Service,
whether online or offline. You agree that AnteSocial
is not responsible or liable for the conduct of any user. AnteSocial
reserves the right, but has no obligation, to monitor or become involved in
disputes between you and other users. Exercise common sense and your best
judgment when interacting with others, including when you submit or post
Content or any personal or other information.
8. There
may be links from the Service, or from communications you receive from the
Service, to third-party web sites or features. There may also be links to
third-party web sites or features in images or comments within the Service. The
Service also includes third-party content that we do not control, maintain or
endorse. Functionality on the Service may also permit interactions between the
Service and a third-party web site or feature, including applications that
connect the Service or your profile on the Service with a third-party web site
or feature. For example, the Service may include a feature that enables you to
share Content from the Service or your Content with a third party, which may be
publicly posted on that third party's service or application. Using this
functionality typically requires you to login to your account on the
third-party service and you do so at your own risk. AnteSocial
does not control any of these third-party web services or any of their content.
You expressly acknowledge and agree that AnteSocial
is in no way responsible or liable for any such third-party services or
features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND
THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose,
at your sole and absolute discretion and risk, to use applications that connect
the Service or your profile on the Service with a third-party service (each, an
"Application") and such Application may interact with, connect to or
gather and/or pull information from and to your Service profile. By using such
Applications, you acknowledge and agree to the following: (i)
if you use an Application to share information, you are consenting to
information about your profile on the Service being shared; (ii) your use of an
Application may cause personally identifying information to be publicly disclosed
and/or associated with you, even if AnteSocial has
not itself provided such information; and (iii) your use of an Application is
at your own option and risk, and you will hold the AnteSocial
Parties (defined below) harmless for activity related to the Application.
9. You
agree that you are responsible for all data charges you incur through use of
the Service.
10. We
prohibit crawling, scraping, caching or otherwise accessing any content on the
Service via automated means, including but not limited to, user profiles and
photos (except as may be the result of standard search engine protocols or
technologies used by a search engine with AnteSocial's
express consent).
Rights
1. AnteSocial does not claim ownership
of any Content that you post on or through the Service. Instead, you hereby
grant to AnteSocial a non-exclusive, fully paid and
royalty-free, transferable, sub-licensable, worldwide license to use the
Content that you post on or through the Service, subject to the Service's
Privacy Policy, available here www.antesocial.com/privacy, including but not
limited to sections 3 ("Sharing of Your Information"), 4 ("How
We Store Your Information"), and 5 ("Your Choices About Your
Information"). You can choose who can view your Content and activities,
including your photos, as described in the Privacy Policy.
2. Your
Social Value is partially supported by advertising revenue you may find these
ads in the marketplace, You may choose to place such
advertising and promotions on the Service in your feed or Timeline. The manner,
mode and extent of such advertising and promotions are subject to change
without specific notice to you.
3. AnteSocial will never directly
place ads in your feed or timeline, nor will it restrict your posts or access
to your content to your watchers.
4. You represent
and warrant that: (i) you own the Content posted by
you on or through the Service or otherwise have the right to grant the rights
and licenses set forth in these Terms of Use; (ii) the posting and use of your
Content on or through the Service does not violate, misappropriate or infringe
on the rights of any third party, including, without limitation, privacy
rights, publicity rights, copyrights, trademark and/or other intellectual
property rights; (iii) you agree to pay for all royalties, fees, and any other
monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into
these Terms of Use in your jurisdiction.
5. The
Service contains content owned or licensed by AnteSocial
("AnteSocial Content"). AnteSocial
Content is protected by copyright, trademark, patent, trade secret and other
laws, and, as between you and AnteSocial, AnteSocial owns and retains all rights in the AnteSocial Content and the Service. You will not remove,
alter or conceal any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the AnteSocial
Content and you will not reproduce, modify, adapt, prepare derivative works
based on, perform, display, publish, distribute, transmit, broadcast, sell,
license or otherwise exploit the AnteSocial Content.
6. The AnteSocial name and logo are trademarks of AnteSocial, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of AnteSocial.
In addition, all page headers, custom graphics, button icons and scripts are
service marks, trademarks and/or trade dress of AnteSocial,
and may not be copied, imitated or used, in whole or in part, without prior
written permission from AnteSocial.
7. Although
it is AnteSocial 's intention for the Service to be
available as much as possible, there will be occasions when the Service may be
interrupted, including, without limitation, for scheduled maintenance or
upgrades, for emergency repairs, or due to failure of telecommunications links
and/or equipment. Also, I AnteSocial reserves the
right to remove any Content from the Service for any reason, without prior
notice. Content removed from the Service may continue to be stored by I AnteSocial, including, without limitation, in order to
comply with certain legal obligations, but may not be retrievable without a
valid court order. Consequently, AnteSocial
encourages you to maintain your own backup of your Content. In other words, AnteSocial is not a backup service and you agree that you
will not rely on the Service for the purposes of Content backup or storage. AnteSocial will not be liable to you for any modification,
suspension, or discontinuation of the Services, or the loss of any Content. You
also acknowledge that the Internet may be subject to breaches of security and
that the submission of Content or other information may not be secure.
8. You
agree that AnteSocial is not responsible for, and
does not endorse, Content posted within the Service. AnteSocial
does not have any obligation to prescreen, monitor, edit, or remove any
Content. If your Content violates these Terms of Use, you may bear legal
responsibility for that Content.
9. Except
as otherwise described in the Service's Privacy Policy, available at www.antesocial.com/privacy
as between you and AnteSocial, any Content will be
non-confidential and non-proprietary and we will not be liable for any use or
disclosure of Content. You acknowledge and agree that your relationship with AnteSocial is not a confidential, fiduciary, or other type
of special relationship, and that your decision to submit any Content does not
place AnteSocial in a position that is any different
from the position held by members of the general public, including with regard
to your Content. None of your Content will be subject to any obligation of
confidence on the part of AnteSocial, and AnteSocial will not be liable for any use or disclosure of
any Content you provide.
10. It is AnteSocial 's policy not to accept or consider content,
information, ideas, suggestions or other materials other than those we have
specifically requested and to which certain specific terms, conditions and
requirements may apply. This is to avoid any misunderstandings if your ideas
are similar to those we have developed or are developing independently.
Accordingly, AnteSocial does not accept unsolicited
materials or ideas, and takes no responsibility for any materials or ideas so
transmitted. If, despite our policy, you choose to send us content, information,
ideas, suggestions, or other materials, you further agree that AnteSocial is free to use any such content, information,
ideas, suggestions or other materials, for any purposes whatsoever, including,
without limitation, developing and marketing products and services, without any
liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
1. We
respect other people's rights, and expect you to do the same.
2. We
provide you with tools to help you protect your intellectual property rights.
3. If you
repeatedly infringe other people's intellectual property rights, we will
disable your account when appropriate.
Disclaimer of Warranties
THE SERVICE, INCLUDING,
WITHOUT LIMITATION, ANTESOCIAL CONTENT, IS PROVIDED ON AN "AS IS",
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, NEITHER ANTESOCIAL NOR ANY OF THEIR EMPLOYEES,
MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "ANTESOCIAL PARTIES")
MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE ANTESOCIAL CONTENT; (C)
USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION
TO ANTESOCIAL. IN ADDITION, THE ANNTESOCIAL PARTIES HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE,
CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER
VIRUS.
THE ANTESOCIAL PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE
ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE
SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL
COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ANTESOCIAL PARTIES DO
NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY
INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE
THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ANTESOCIAL PARTIES DO
NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR
JURISDICTION, AND THE ANTESOCIAL PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER
WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH
JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES
ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE ANTESOCIAL PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY
RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE
(WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,
LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM
ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES
WILL THE ANTESOCIAL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY
KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC,
EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES)
THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE ANTESOCIAL
CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE
PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN
INVESTIGATION BY THE ANTESOCIAL PARTIES OR LAW ENFORCEMENT AUTHORITIES
REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN
CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS
OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S
COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT
LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING,
FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER
MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE
OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ANTESOCIAL PARTIES HAVE BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT
LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO
EVENT WILL THE ANTESOCIAL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS,
DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
WILL THE ANTESOCIAL PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR
CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT
ARISE OUT OF ANTESOCIAL'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU
ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING
ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT
OWNED OR CONTROLLED BY THE ANTESOCIAL PARTIES, AND YOU WILL HAVE NO RIGHTS TO
ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING,
EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR
OTHER CONTENT OWNED OR CONTROLLED BY THE ANTESOCIAL PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH
RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN
ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND,
AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF
CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS
FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
ANTESOCIAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF
THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You (and also any third
party for whom you operate an account or activity on the Service) agree to
defend (at AnteSocial's request), indemnify and hold
the AnteSocial Parties harmless from and against any
claims, liabilities, damages, losses, and expenses, including without
limitation, reasonable attorney's fees and costs, arising out of or in any way
connected with any of the following (including as a result of your direct
activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service;
(ii) your breach or alleged breach of these Terms of Use; (iii) your violation
of any third-party right, including without limitation, any intellectual
property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes,
statutes, ordinances or orders of any governmental and quasi-governmental
authorities, including, without limitation, all regulatory, administrative and
legislative authorities; or (v) any misrepresentation made by you. You will
cooperate as fully required by AnteSocial in the
defense of any claim. AnteSocial reserves the right
to assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim without
the prior written consent of AnteSocial.
Arbitration
Except if you opt-out or
for disputes relating to: (1) your or AnteSocial's
intellectual property (such as trademarks, trade dress, domain names, trade
secrets, copyrights and patents); (2) violations of the API Terms; or (3)
violations of provisions 13 or 15 of the Basic Terms, above ("Excluded
Disputes"), you agree that all disputes between you and AnteSocial (whether or not such dispute involves a third
party) with regard to your relationship with AnteSocial,
including without limitation disputes related to these Terms of Use, your use
of the Service, and/or rights of privacy and/or publicity, will be resolved by
binding, individual arbitration under the American Arbitration Association's
rules for arbitration of consumer-related disputes and you and AnteSocial hereby expressly waive trial by jury. As an
alternative, you may bring your claim in your local "small claims"
court, if permitted by that small claims court's rules. You may bring claims
only on your own behalf. Neither you nor AnteSocial
will participate in a class action or class-wide arbitration for any claims
covered by this agreement. You also agree not to participate in claims brought
in a private attorney general or representative capacity, or consolidated
claims involving another person's account, if AnteSocial
is a party to the proceeding. This dispute resolution provision will be
governed by the Federal Arbitration Act. In the event the American Arbitration
Association is unwilling or unable to set a hearing date within one hundred and
sixty (160) days of filing the case, then either AnteSocial
or you can elect to have the arbitration administered instead by the Judicial
Arbitration and Mediation Services. Judgment on the award rendered by the
arbitrator may be entered in any court having competent jurisdiction. Any
provision of applicable law notwithstanding, the arbitrator will not have
authority to award damages, remedies or awards that conflict with these Terms
of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor AnteSocial can require the other to participate in an
arbitration proceeding. To opt out, you must notify AnteSocial
in writing within 30 days of the date that you first became subject to this
arbitration provision. You must use this address to opt out:
AnteSocial, LLC ATTN: LEGAL 1600 North 5th
Street. Philadlephia, PA 19122
You must include your name and residence address, the email address you use for
your AnteSocial account, and a clear statement that
you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of
third parties contained above is found to be unenforceable, then all of the
preceding language in this Arbitration section will be null and void. This
arbitration agreement will survive the termination of your relationship with AnteSocial.
Time Limitation on Claims
You agree that any claim
you may have arising out of or related to your relationship with AnteSocial must be filed within one year after such claim
arose; otherwise, your claim is permanently barred.
Governing Law & Venue
These Terms of Use are
governed by and construed in accordance with the laws of the State of Pennsylvania,
without giving effect to any principles of conflicts of law AND WILL
SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR
THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law
or in equity relating to the arbitration provision of these Terms of Use, the
Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to
resolve any dispute you have with AnteSocial
exclusively in a state or federal court located in Philadelphia, Pennsylvania,
and to submit to the personal jurisdiction of the courts located in Philadelphia
County for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any
reason unenforceable during arbitration or by a court of competent
jurisdiction, then that provision will be deemed severable from these Terms of
Use and will not affect the validity and enforceability of any remaining
provisions. AnteSocial's failure to insist upon or
enforce strict performance of any provision of these Terms will not be
construed as a waiver of any provision or right. No waiver of any of these
Terms will be deemed a further or continuing waiver of such term or condition
or any other term or condition. AnteSocial reserves
the right to change this dispute resolution provision, but any such changes
will not apply to disputes arising before the effective date of the amendment.
This dispute resolution provision will survive the termination of any or all of
your transactions with AnteSocial.
Entire Agreement
If you are using the
Service on behalf of a legal entity, you represent that you are authorized to
enter into an agreement on behalf of that legal entity. These Terms of Use
constitute the entire agreement between you and AnteSocial
and governs your use of the Service, superseding any prior agreements between
you and AnteSocial. You will not assign the Terms of
Use or assign any rights or delegate any obligations hereunder, in whole or in
part, whether voluntarily or by operation of law, without the prior written
consent of AnteSocial. Any purported assignment or
delegation by you without the appropriate prior written consent of AnteSocial will be null and void. AnteSocial
may assign these Terms of Use or any rights hereunder without your consent. If
any provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless
agree that such portion will be deemed severable from these Terms of Use and
will not affect the validity and enforceability of the remaining provisions,
and the remaining provisions of the Terms of Use remain in full force and
effect. Neither the course of conduct between the parties nor trade practice
will act to modify the Terms of Use. These Terms of Use do not confer any
third-party beneficiary rights.
Territorial Restrictions
The information provided
within the Service is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject AnteSocial
to any registration requirement within such jurisdiction or country. We reserve
the right to limit the availability of the Service or any portion of the
Service, to any person, geographic area, or jurisdiction, at any time and in
our sole discretion, and to limit the quantities of any content, program,
product, service or other feature that AnteSocial
provides.
Software related to or made available by the Service may be subject to United
States export controls. Thus, no software from the Service may be downloaded,
exported or re-exported: (a) into (or to a national
or resident of) any country to which the United States has embargoed goods; or
(b) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading any software related to the Service, you represent and warrant that
you are not located in, under the control of, or a national or resident of, any
such country or on any such list.
The effective date of these Terms of Use is January 19, 2013. These Terms of
Use were written in English (US). To the extent any translated version of these
Terms of Use conflicts with the English version, the English version controls.