Terms of Service
Effective: November 15, 2021
Welcome!
We’ve drafted these Terms of Service (which we call the “Terms”) so
you’ll know the rules that govern our relationship with you as a
user of our Services. Although we have tried our best to strip the
legalese from the Terms, there are places where they may still read
like a traditional contract. There’s a good reason for that: these
Terms form a legally binding contract between you and Cyboil Co.,
Ltd. (“Cyboil”). So please read them carefully.
By using CyboilClub, or any of our other products or services that
are subject to these Terms (which we refer to collectively as the
“Services”), you agree to the Terms. Of course, if you don’t agree
with them, then don’t use the Services.
These Terms apply if you live in the United States or if your
principal place of business is in the United States. If you live
outside of the United States or if your principal place of business
is outside of the United States, Cyboil Group Limited provides you
the Services and your relationship is governed by the Cyboil Group
Limited Terms of Service.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A
LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN
THAT ARBITRATION CLAUSE, YOU AND CYBOIL AGREE THAT DISPUTES BETWEEN
US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND
CYBOIL WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF
ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.
1. Who Can Use the Services
No one under 13 is allowed to create an account or use the Services.
If you are under 18, you may only use the Services with the prior
consent of your parent or legal guardian. Please be sure your
parent or legal guardian has reviewed and discussed these Terms
with you before you start using the Services. We may offer
additional Services with additional terms that may require you to
be even older to use them. So please read all terms carefully. By
using the Services, you represent, warrant, and agree that:
you can form a binding contract with Cyboil;
you are not a person who is barred from using the Services under
the laws of the United States or any other applicable
jurisdiction—including, for example, that you do not appear on
the U.S. Treasury Department’s list of Specially Designated
Nationals or face any other similar prohibition;
you are not a convicted sex offender; and
you will comply with these Terms and all applicable local, state,
national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other
entity, you represent that you are authorized to bind that business
or entity to these Terms and you agree to these Terms on behalf of
that business or entity (and all references to “you” and “your” in
these Terms will mean both you as the end user and that business or
entity). If you are using the Services on behalf of an entity of
the U.S. Government, you agree to the Amendment to Cyboil Inc.
Terms of Service for U.S. Government Users.
2. Rights We Grant You
As between you and us, Cyboil (and its licensors) is the owner
of the Services, including all proprietary content, information,
material, software, images, text, graphics (including any
Bitmoji avatars that you may assemble using visual elements we
provide), illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, video, music, and “look
and feel” of the Services, and all related intellectual property
rights. Cyboil grants you a worldwide, royalty-free,
non-assignable, non-exclusive, revocable, and non-sublicensable
license to use the Services. This license is for the sole purpose
of using and enjoying the Services in a way that these Terms
and our policies, such as our Community Guidelines and Sounds on
CyboilClub Guidelines, allow. You may not use the Services in
ways that are not authorized by these Terms. Nor may you help
anyone else in doing so.
3. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive,
and store content. When you do that, you retain whatever ownership
rights in that content you had to begin with. But you grant us a
license to use that content. How broad that license is depends on
which Services you use and the Settings you have selected.
For all content you submit to the Services, you grant Cyboil and
our affiliates a worldwide, royalty-free, sublicensable, and
transferable license to host, store, cache, use, display, reproduce,
modify, adapt, edit, publish, analyze, transmit, and distribute
that content. This license is for the purpose of operating,
developing, providing, promoting, and improving the Services and
researching and developing new ones. This license includes a right
for us to make your content available to, and pass these rights
along to, service providers with whom we have contractual
relationships related to the provision of the Services, solely
for the purpose of providing such Services.
We call Story submissions that are set to be viewable by Everyone
as well as content you submit to public Services, like Public
Profiles, Cyboil Map, or Lens Studio, “Public Content.” Because
Public Content is inherently public, you grant Cyboil, our
affiliates, other users of the Services, and our business partners
all of the same rights you grant for non-Public Content in the
previous paragraph, as well as an unrestricted, worldwide,
royalty-free, irrevocable, and perpetual right and license to
create derivative works from, promote, exhibit, broadcast,
syndicate, reproduce, distribute, synchronize, overlay graphics
and auditory effects on, publicly perform, and publicly display
all or any portion of your Public Content (including the separate
video, image, sound recording, or musical compositions contained
therein) in any form and in any and all media or distribution
methods, now known or later developed. When you appear in, create,
upload, post, or send Public Content (including your Bitmoji),
you also grant Cyboil, our affiliates, other users of the Services,
and our business partners an unrestricted, worldwide, royalty-free,
irrevocable, and perpetual right and license to use the name,
likeness, and voice, of anyone featured in your Public Content
for commercial and non-commercial purposes. This means, among
other things, that you will not be entitled to any compensation
if your content, videos, photos, sound recordings, musical
compositions, name, likeness, or voice are used by us, our
affiliates, users of the Services, or our business partners.
For information about how to tailor who can watch your content,
please take a look at our Privacy Policy and Support Site.
All Public Content must be appropriate for people ages 13+.
While we’re not required to do so, we may access, review,
screen, and delete your content at any time and for any reason,
including to provide and develop the Services or if we think your
content violates these Terms. You alone, though, remain responsible
for the content you create, upload, post, send, or store through
the Service.
We, our affiliates, and our third-party partners may place
advertising on the Services, including personalized advertising
based on the information you provide us, we collect, or we obtain
about you. Advertising may sometimes appear near, between, over,
or in your content.
We always love to hear from our users. But if you provide feedback
or suggestions, just know that we can use them without compensating
you, and without any restriction or obligation to you. You agree
that we will own all rights in any materials or items we develop
based on such feedback or suggestions.