Last updated: Apr 25, 2025

Please read this Terms of Service agreement (the “Terms of Service”) carefully. This website and its subdomains (collectively, the “Website”), the information on the Website, any Anthro International application (each, an “App”), and the services and resources available or enabled via the Website or an App (each a “Service” and collectively, the “Services”), are controlled by Anthro International LLC (“Anthro International”). These Terms of Service, along with all supplemental terms that may be presented to you for your review and acceptance (collectively, the “Agreement”), govern your access to and use of the Services. By clicking on the “I Accept” button, completing the account registration process, browsing the Website, downloading or using an App, or otherwise accessing or using any of the Services, you represent that (1) you have read, understand, and agree to be bound by the Agreement; (2) you are of legal age to form a binding contract with Anthro International; and (3) you have the authority to enter into the Agreement personally or on behalf of the legal entity identified during the account registration process, and to bind that legal entity to the Agreement. The term “you” refers to the individual or such legal entity, as applicable. If you, or if applicable, such legal entity, do not agree to be bound by the Agreement, you, and if applicable, such legal entity, may not access or use any of the Services.

 

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THE AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT ANTHRO INTERNATIONAL'S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5.5 (AUTOMATIC RENEWAL) BELOW.

 

PLEASE BE AWARE THAT SECTION 11 (ARBITRATION AGREEMENT) OF THE AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

 

Please note that the Agreement is subject to change by Anthro International in its sole discretion at any time. When changes are made, Anthro International will make a copy of the updated Agreement available at the Website and update the “Last Updated” date at the top of these Terms of Service. If we make any material changes to the Agreement, we will provide notice of such material changes on the Website and attempt to notify you by sending an email to the email address provided in your account registration. Any changes to the Agreement will be effective immediately for new users of the Services and will be effective for existing Registered Users (defined below) upon the earlier of (a) thirty (30) days after the “Last Updated” date at the top of these Terms of Service; or (b) your consent to and acceptance of the updated Agreement if Anthro International provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance), which Anthro International may require before further use of the Services is permitted. If you do not agree to the updated Agreement, you must stop using all features of the Services upon the effective date of the updated Agreement. Otherwise, your continued use of any of the Services after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement. Please regularly check the Website to view the then-current Agreement. You agree that Anthro International's continued provision of the Services is adequate consideration for the changes in the updated Agreement.

 

1. USE OF THE SERVICES. The Services, and the content and information available on them, are protected by applicable intellectual property laws. Unless subject to a separate license between you and Anthro International, your right to use any and all Services is subject to the Agreement.

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1.1 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout, or form); (c) you shall not use any metatags or other “hidden text” using Anthro International's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update, or other addition to the Services shall be subject to the Agreement. Anthro International, its suppliers, and service providers reserve all rights not granted in the Agreement.

 

2. ACCOUNTS

 

2.1 Registering Your Account. In order to access certain features of the Services, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account with Anthro International through the Services (“Account”). In registering an Account, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (i) at least sixteen (16) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or Anthro International has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Anthro International has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services if you have been previously removed by Anthro International, or if you have been previously banned from any of the Services.

 

2.2 Use of Your Account. You may share your Account login or password with anyone, provided that you are responsible for all activities that occur under your Account. You agree that you shall monitor use of your Account by any other persons, including minors, and you will accept full responsibility for any such use. You agree to notify Anthro International immediately of any unauthorized use of your password or any other breach of security.

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2.3 Anthro International Communications. By entering into the Agreement or using the Services, you agree to receive communications from us, including via email and push notification. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Anthro International and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

 

3. RESPONSIBILITY FOR CONTENT

 

3.1 Types of Content. You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and other materials accessible through the Services (collectively, “Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not Anthro International, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services (“Your Content”), and that you and other Registered Users of the Services, and not Anthro International, are similarly responsible for all Content that you and they make available through the Services (“User Content”).

 

3.2 No Obligation to Pre-Screen Content; Content Monitoring. You acknowledge that Anthro International has no obligation to pre-screen User Content, although Anthro International reserves the right in its sole discretion to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Anthro International; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (d) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement. By entering into the Agreement, you hereby provide your irrevocable consent to Anthro International's monitoring of Your Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat or text communications. In the event that Anthro International pre-screens, refuses, or removes any of Your Content, you acknowledge that Anthro International will do so for Anthro International's benefit, not yours. Without limiting the foregoing, Anthro International shall have the right to remove any of Your Content that violates the Agreement or is otherwise objectionable.

 

If Anthro International becomes aware of any possible violations by you of the Agreement, Anthro International reserves the right to investigate such violations. If, as a result of the investigation, Anthro International believes that criminal activity has occurred, Anthro International reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Anthro International is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Anthro International's possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Anthro International, its Registered Users or the public, and all enforcement or other government officials, as Anthro International in its sole discretion believes to be necessary or appropriate.

 

3.3 Interactions with Other Users. The Services may contain User Content provided by other Registered Users. Anthro International is not responsible for and does not control User Content. Anthro International has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Anthro International reserves the right, but has no obligation, to intercede in any such interactions. You agree that Anthro International will not be responsible for any liability incurred as the result of such interactions.

 

3.4 User Conduct. As a condition of use, you agree not to use any of the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action; or (b) make available any Content on or through the Services that: (i) infringes, misappropriates, or otherwise violates any intellectual property right, right of publicity, right of privacy, or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk, or bulk email; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Anthro International's prior written consent; (v) impersonates any person or entity, including any employee or representative of Anthro International; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.

 

4. OWNERSHIP

 

4.1 Services. You agree that Anthro International and its suppliers own all rights, title, and interest in the Services (including but not limited to, any videos, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, computer code, methods of operation, moral rights, documentation, and software). You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Services.

 

4.2 Trademarks. Anthro International's name and all related stylizations, graphics, logos, service marks, and trade names used on or in connection with any Services are the trademarks of Anthro International and may not be used without permission in connection with your, or any third-party, products or services. Third-party trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners.

 

4.3 Your Content. Anthro International does not claim ownership of Your Content. However, when you post or publish Your Content on or in any Services, you represent that you own or have all necessary rights to post or publish Your Content on or in the Services. You grant Anthro International a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Registered Users. Please remember that other Registered Users may see, use, and reproduce any of Your Content that you submit to any “public” area of the Services. You agree that you, not Anthro International, are responsible for all of Your Content. You may not post a photograph of another person without that person’s permission.

 

4.4 Username. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Anthro International. Anthro International reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Services, you hereby expressly permit Anthro International to identify you by your username (which may be a pseudonym) as the contributor of Your Content.

 

4.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Anthro International through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Anthro International has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Anthro International a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Anthro International's business.

 

5. FEES AND PURCHASE TERMS

 

5.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable in accordance with the Agreement. You must provide Anthro International with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or an App Store (as defined in Section 12.3 (App Stores) below) account through which you have stored a valid credit card (each, a “Payment Provider”) as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities in connection therewith. By providing Anthro International with your Payment Provider and associated payment information, you agree that Anthro International is authorized to immediately invoice your Account for all fees and charges as they become due and payable and that no additional notice or consent is required. You agree to immediately notify Anthro International of any change in your billing address or the credit card or App Store account used for payment hereunder. Anthro International reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email delivery to you.

 

5.2 Subscription Fees. You will be responsible for payment of the applicable fees for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your payment package (each, a “Service Commencement Date”). Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and Anthro International for the Services until Anthro International accepts your order by a confirmatory email or other appropriate means of communication.

 

5.3 Taxes. The payments required under Section 5.2(Subscription Fees) of this Agreement do not include any Sales Tax that may be due in connection with the services provided under the Agreement. If Anthro International determines it has a legal obligation to collect a Sales Tax from you in connection with the Agreement, Anthro International may collect such Sales Tax in addition to the payments required under Section 5.2(Subscription Fees) of the Agreement. If any services, or payments for any services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Anthro International, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Anthro International for any liability or expense Anthro International may incur in connection with such Sales Taxes. Upon Anthro International's request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

 

5.4 Withholding Taxes. You agree to make all payments of fees to Anthro International free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Anthro International will be your sole responsibility, and you will provide Anthro International with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

 

5.5 Automatic Renewal. Your subscription to the Services will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at the same price as your initial subscription period. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date, by logging into and going to the “Change/Cancel Subscription” page of your “Account Settings” page. If you cancel your subscription, you may use the Services until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing to the Services, you authorize Anthro International to charge your Payment Provider on the Service Commencement Date, and again on each Renewal Commencement Date. Upon renewal of your subscription, if Anthro International does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Anthro International may either terminate or suspend your access to the Services and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received, at Anthro International's then-current price for such subscription).

 

5.6 Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User-level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Anthro International to have the charges reversed.

 

6. Indemnification. You agree to indemnify and hold Anthro International, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Anthro International Party” and collectively, the “Anthro International Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; or (d) your violation of any applicable laws, rules or regulations. Anthro International reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Anthro International in asserting any available defenses. This provision does not require you to indemnify any of the Anthro International Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

 

7. DISCLAIMER OF WARRANTIES AND CONDITIONS

 

7.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ANTHRO INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

(a) ANTHRO INTERNATIONAL MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANTHRO INTERNATIONAL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(c) From time to time, Anthro International may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Anthro International's sole discretion. The provisions of this section apply with full force to such features or tools.

 

7.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ANTHRO INTERNATIONAL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANTHRO INTERNATIONAL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

 

8. LIMITATION OF LIABILITY

 

8.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ANTHRO INTERNATIONAL PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANTHRO INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANTHRO INTERNATIONAL OF A ANTHRO INTERNATIONAL PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A ANTHRO INTERNATIONAL PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A ANTHRO INTERNATIONAL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

 

8.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, ANTHRO INTERNATIONAL PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO Anthro International by you during the THREE (3)-month period prior to the act, omission or occurrence giving rise to such liability; or THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A ANTHRO INTERNATIONAL PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A ANTHRO INTERNATIONAL PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A ANTHRO INTERNATIONAL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

 

8.3 User Content. EXCEPT FOR ANTHRO INTERNATIONAL'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN ANTHRO INTERNATIONAL'S PRIVACY POLICY, ANTHRO INTERNATIONAL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

 

8.4 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

8.5 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANTHRO INTERNATIONAL AND YOU.

 

9. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Anthro International's policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Anthro International by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

10. TERM AND TERMINATION

 

10.1 Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.

 

10.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services; or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.

 

10.3 Termination of Services by Anthro International. You will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, for any Services hereunder, to cancel such Service, in which case Anthro International will refund your Service Subscription Fee, if already paid pursuant to Section 5.1(Payment) or 5.2(Subscription Fees), for the applicable Service. Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Anthro International is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Anthro International has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Anthro International's sole discretion and that Anthro International shall not be liable to you or any third party for any termination of your Account.

 

10.4 Termination of Services by You. If you want to terminate the Services provided by Anthro International, you may do so by (a) notifying Anthro International at any time; and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Anthro International's address set forth below. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 5.5(AUTOMATIC RENEWAL).

 

10.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Anthro International will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

 

10.6 No Subsequent Registration. If your registration(s) with, or ability to access, the Services or any other Anthro International community, is discontinued by Anthro International due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Anthro International community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Anthro International reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

 

11. ARBITRATION AGREEMENT. Please read this Section 11 (sometimes referred to herein as this “Arbitration Agreement”) carefully. Through this Section 11, YOU AND ANTHRO INTERNATIONAL AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

 

11.1 MANDATORY ARBITRATION. You and Anthro International agree to resolve any claims arising out of or relating to this Agreement, the Website, the App, or our Services, regardless of when the claim arose, even if it was before this Agreement existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account registration, or within 30 days after any updates to these arbitration terms have taken effect by filling out this form. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

 

11.2 Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. This is a condition precedent and requirement that must be fulfilled before commencing arbitration. You agree to do so by sending us notice through this form. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

 

11.3 Arbitration Forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). Anthro International will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration. If you or Anthro International need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the pre-arbitration notice described in Section 11.2, above, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

 

11.4 Arbitration Procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Hawaii. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Honolulu, Hawaii have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

You and Anthro International agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

 

11.5 Batch Arbitration. If 10 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Anthro International agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

 

11.6 Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

 

11.7 CLASS AND JURY TRIAL WAIVERS. You and Anthro International agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Anthro International knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

 

11.8 Severability, Expiration. If any part of this Arbitration Agreement is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety. You further agree that any Dispute that you have with Anthro International as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

 

12. THIRD-PARTY SERVICES

 

12.1 Wix. Portions of the Services may be hosted by Anthro International'S third-party hosting partner, Wix.com, Ltd. (“Wix”). By streaming Anthro International content or otherwise accessing the Services through the Website, you agree your use of such Services is subject to Wix's standard viewer terms, which are currently available at https://www.wix.com/about/terms-of-use.

 

12.2 Third-Party Websites and Applications. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Anthro International. Anthro International is not responsible for any Third-Party Websites or Third-Party Applications. Anthro International provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

13. GENERAL PROVISIONS

 

13.1 Governing Law. Any dispute, claim or request for relief relating in any way to your use of the services will be governed and interpreted by and under the laws of the state of Hawaii, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

 

13.2 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Anthro International agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Honolulu, Hawaii.

 

13.3 Electronic Communications. The communications between you and Anthro International may take place via electronic means, whether you visit the Services or send Anthro International emails, or whether Anthro International posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Anthro International in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Anthro International provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.

 

13.4 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Anthro International's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

 

13.5 Force Majeure. Anthro International shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

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13.6 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

 

13.7 Notice. Where Anthro International requires that you provide an email address, you are responsible for providing Anthro International with your most current email address. In the event that the last email address you provided to Anthro International is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Anthro International's dispatch of the email containing such notice will nonetheless constitute effective notice.

 

13.8 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

 

13.9 Severability. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

 

13.10 Export Control. You may not use, export, import, or transfer any Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Anthro International are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Anthro International products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

 

13.12 Consumer Complaints. In accordance with Hawaii Civil Code §92-17, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Hawaii Office of Consumer Protection by contacting them in writing at 235 S Beretania St. Room 801, Honolulu, Hawaii 96813, or by telephone at (808) 586-2630.

 

13.13 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

 

14. INTERNATIONAL PROVISIONS. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Anthro International intends to announce such Services or Content in your country. The Services are controlled and offered by Anthro International from its facilities in the United States of America. Anthro International makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.

 

14.1 United Kingdom. A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

 

14.2 Germany. Notwithstanding anything to the contrary in Section 8 (Limitation of Liability), Anthro International is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).

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