Terms of Service "Terms"

1. Introduction

Anysocial is a Social Media Aggregator service that scrapes content from Facebook, Instagram, LinkedIn and Twitter and displays that content in a moderated and templated manner. This content can then be embedded on websites and any other platform. This Document constitutes an agreement (“Agreement”) which creates binding obligations, legal and contractual rights and responsibilities, between you and Entwined Signage Pty Ltd, a company incorporated in Australia and the owner of the trading name “Anysocial”, and is referred to herein interchangeably as “Anysocial”, “us”, “we” and “our”. If you do not agree with any of the Terms contained within this document, you must immediately cease using our Site and Services. We reserve the right to modify our Terms or Privacy Policy in the future, and such modifications must also be agreed to by you in a formal recorded manner should you wish to continue using our Site and Services. In order to use our Site and Services, you must be over the age of 13. We assume the right to check that any user meets the age requirement and to prohibit any user we believe, in our discretion, does not meet the age requirement. We do not agree that any such person who is prohibited by the age requirement from use of Anysocial has any claim as a result of such prohibition.

These terms are incorporated by reference to and made a part of our Privacy Policy as if it was set out fully in that document.

2. Description of Service ("the Service")

Anysocial scrapes content from Facebook, Instagram, LinkedIn and Twitter and provides you with a collection of content which you must then approve, or not approve. The approved content can be embedded into your website or other platform by adding a line of code to the respective platform from which the content derives.

3. Usage of Anysocial

When approving scraped content to be embedded into your platform through our widget service, you agree that:

  1. You must only display our widget on your web site, and not in any other manner.
  2. You must not modify the widget as provided by Anysocial. Without limiting that prohibition, you must not change any code provided by Anysocial, nor obscure or disable any element of the widget.
  3. You must not display the widget in any manner that implies affiliation with, sponsorship, or endorsement by Anysocial.
  4. You must not display the widget on any site that disparages Anysocial or its products or services, infringes any Anysocial intellectual property or other rights, or violates any applicable law.
  5. Anysocial may crawl or otherwise monitor your site for the purpose of confirming compliance with these terms of use.
  6. Anysocial reserves the right at any time to terminate or modify your permission to display the widget, or to change or to cease the content returned by the widget.
  7. You are solely responsible for monitoring any content that is aggregated and displayed using our widget.
  8. You are solely responsible for any violations of laws or regulations that occur while using our widget that you have installed.

4. Usage Guidelines - Third Parties

  1. Anysocial scrapes content from Facebook, Instagram, LinkedIn, Twitter and other third-party websites.
  2. You must agree to comply with their respective usage guidelines, as they change from time to time. You must be aware of, and stay updated as to the requirements of, the respective usage guidelines of those websites from which content is scraped.
  3. You agree that Anysocial is not liable for any violation of the End User Content Usage requirements of any of the websites from which Anysocial scrapes content. You release and indemnify Anysocial from any claim, demand, proceeding of whatever kind that is made or threatened as a consequence of any violation or claim of violation of End User Content usage requirements or guidelines.
  4. As part of Anysocial’s content approval process/broadcasting system, you must not accept, authorise or otherwise permit to be shared on to your embedded link content that violates the Usage Guidelines of ANY website from which the content was sourced.

You are further required to comply with:

  1. any requirements or restrictions imposed on usage of End User Content by the respective owners of that content, which may include “all rights reserved” notices, creative commons licences or other terms and conditions an End User has attached to his or her End User Content, such as marking a photo as “private”;
  2. any direction to remove from the Product any End User Content or other information that the End User or Anysocial has asked to be removed and that action must be taken within 24 hours of receipt of such direction; and
  3. any other guidelines in respect of a Social Network or End User Content as advised by Anysocial, in writing, from time to time.

5. End User License Agreement with Anysocial

After creation of your Anysocial Account, you are granted a revocable, non-exclusive, non-transferable, limited right and license to access and use our service subject to this Agreement and the Privacy Policy. The terms of this license will end on the date that your account is terminated either by you or by Anysocial.

6. Ownership

This TERMS does not confer title, ownership, or any other rights concerning your use of the Service that are not set forth herein. Anysocial retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and must not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Anysocial. All rights not expressly granted to you herein are reserved by Anysocial.

7. License Restrictions

Violating any of the following restrictions may result in the immediate termination of your License:

  1. General Restrictions: You agree not to:
    1. commercially exploit the Service in any way
    2. provide your password or otherwise grant access to your Anysocial account to any third parties for any purpose whatsoever;
    3. reverse engineer, decompile, disassemble, translate, or prepare derivative works of the System, or otherwise modify the same, in whole or in part;
    4. use the Service to display material that may be subject to copyright protection without the express consent of the copyright owner;
    5. remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained within the System; or
    6. otherwise access or utilize the System in any manner other than permitted by this TERMS.
  2. Specific Restrictions: You must not use the Service to display posts and hashtags:
    1. from private social media accounts that are not owned by you without the specific permission of the owner of any such account;
    2. that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy;
    3. that violate any law, statute, ordinance or regulation; or
    4. that violate the terms of any service that is the source of such posts.

You must be able to pay for additional services through our Site. Please be aware that these payments grant no ownership interest to you. We merely grant you an additional limited license to use the paid for features that are revocable by us at any time.

8. Rules of Conduct

When using our service or widget you agree that you and your end users will not:

  1. Violate any provision of law applicable in the United States or the EU.
  2. Violate any applicable legislation, treaty, any law in force in Australia or any other political entity having jurisdiction over this Agreement, you, Anysocial, or the Service that we provide.
  3. Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Service or users.
  4. Run any bots or other software to aggregate or browse our content.
  5. Infringe on anyone's intellectual property rights.
  6. Defame anyone or do anything that is illegal.
  7. Use our Site, Service or widget for fraud.
  8. Provide false or inaccurate content.
  9. Impersonate any person or business entity or misrepresent your affiliation with a person or entity.
  10. Collect or store personal information about users of our widget.
  11. Otherwise act in a manner which, at Anysocial’s sole discretion, is objectionable.

We may terminate your access to Anysocial at any time for violations of these rules of conduct or at our discretion.

9. Limitations on Liability

In no event shall Anysocial, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

  1. errors, mistakes, or inaccuracies of content,
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,
  3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  4. any interruption or cessation of transmission to or from our services,
  5. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or
  6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Anysocial shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event you experience a problem with our services you agree that your sole remedy is to stop using our site and service. In the event that you experience a problem with a third party while using our services, you agree that your sole remedy is with that third party and not Anysocial. Anysocial is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of any products purchased from our site.

For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

  1. We are not required to or under any obligation to review, screen, edit, monitor, or remove any content posted on or aggregated through our service and widget, and we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected
  2. We take no responsibility and assume no liability regarding content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity
  3. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of Anysocial, whether arising in tort or contract, law or equity;
  4. Your ability to use or interact with our service is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.

Anysocial shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, the entire liability of Anysocial, its affiliates and suppliers for all claims relating to this agreement shall be limited to the minimum amount, if such a minimum exists.

10. Disclaimer of warranties

Our site, service and widget is offered "as-is". We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our products, for reasons including, but not limited to, failure of our service, negligence, or any other sort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.

You agree that we are not responsible in any way for information made available by third parties through our widget. We are not liable for any failure of services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our widget which prevent access to our widget temporarily or permanently.

The provision of our service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this "disclaimer of warranties" section shall be construed to limit the generality of the first paragraph of this section.

11. For jurisdictions that do not allow us to limit our liability

Notwithstanding any provision of these terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:

  1. death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
  2. fraudulent misrepresentation; or
  3. any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." you hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

12. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

13. Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on Anysocial. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or point keeping systems, but may also infringe on a third party's copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.

Any content submitted by you or your end users will be owned by you or your end users. However, you agree to you grant Anysocial and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through Anysocial or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with our widget, and to use your content to advertise and promote Anysocial. The foregoing license granted by you terminates once you remove our Anysocial widget. However, we may keep and store such information for a period of up to 2 years after you have removed such information from our Site.

14. Copyright Notices

We are serious about copyright infringement. For that reason, if you believe that your copyright has been infringed, please send us a message which contains:

  1. Your name.
  2. The name of the party whose copyright has been infringed, if different from your name.
  3. The name and description of the work that is being infringed.
  4. The location on our Site or the Website using our widget which is infringing your copyright.
  5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  6. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at: copyright@anysocial.com.au

15. Jurisdiction

This Agreement shall be governed by the laws in force in Queensland, Australia. The offer and acceptance of this contract is deemed to have occurred in Queensland, Australia.

Each of the parties to this Agreement irrevocably agrees that the courts Queensland, Australia shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.

In the case that a claim is brought by you against us in a jurisdiction other than Queensland, Australia, you agree that we may request the dispute be dismissed and hold you responsible for our reasonable legal fees and costs provided you fail to withdraw the claim after receiving written notice from us requesting the same.

16. Severability

Each and every clause contained herein shall be deemed severable. In the event that a clause of this Agreement is deemed either unlawful, unenforceable or conflicting with another clause of this Agreement than that clause shall be severed, and the rest of the Agreement shall remain in force. In the event that there is a conflict between two clauses of this Agreement, Anysocial retains the sole right to elect which provision is to be severed and which provision is to remain in force.

17. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at anysocial_admin@anysocial.com.au.

18. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

19. Entire Agreement

These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.