We (the folks at American University) are on a mission to advance knowledge, foster intellectual curiosity, build community, and empower lives of purpose. We hope you love our research and educational services (“Subscription Services”) as much as we loved creating and providing them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services to create projects (“Content”). Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services to create Content.

The following terms and conditions constitute a legally binding contract (the “Agreement”) that governs the program creators (“Authors”) who upload Content to our Subscription Services provided by American University (“University”) to create interactive stories or games that are educational or used to build community. The Subscription Services offered are subject to your acceptance, without modification of all of the terms and conditions contained herein. YOUR USE OF THE SUBSCRIPTION SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE AUTHOR TERMS OF SERVICE. If you do not agree, do not use the Subscription Services to upload your Content using our content creator, Hive Mechanic (“Hive”). You may only use Hive to upload or create Content for your personal use. Once you elect to use Hive to create interactive stories, educational material or games, you will be considered an Author.

1. Access and eligibility

Hive is available to Authors who have agreed to these Terms of Service. You agree to take full responsibility for all Content created using Hive for use in our Subscription Services. This Agreement is void where prohibited by law, and the right to access or upload Content using Hive for our Subscription Services is hereby revoked in such jurisdictions.

The University may change, modify, suspend or terminate access to Hive, at any time, in its sole discretion, including the availability of any feature or content of our Subscription Services. The University may also impose limits on certain features or restrict your access to parts or all of Hive and our Subscription Services without notice or liability.

2. Subscription Services

Subscription Services use Content created by our Authors to provide user-made games and/or interactive stories using text messaging and voice calls. We reserve the right to modify, terminate or otherwise amend our Content or Subscription Services at any time. Currently, the Subscription Services are all free and available through your local library or a local Author. To become an Author, you must be eighteen (18) years or older to use Hive to create content for our Subscription Services. By participating as an Author, you certify that you meet the minimum age requirement. 

We are not responsible for the products and/or services provided by Authors or any third parties. Once you become an Author of the Subscription Services, you will have access to create and upload content to be used within your area. We may decide to periodically update the Subscription Services features, software and/or content made available to Users. We may also decide to terminate all or a portion of the Subscription Services features, software and/or content.

3. Using the Subscription Services

Use and access to the Subscription Services described above are controlled by the University. We grant you limited, non-exclusive, non-transferable and revocable permission to create content to be used in the Subscription Services, and limited, non-exclusive, revocable permission to make personal use of the features, software and Content (collectively, “Access”). This Access shall remain in effect until Access is terminated by you or the University. Any copyrights vested in the Content shall remain with you, as the Author, and/or your partners.

When Access has been terminated to create content to upload to our Subscription Services, all licenses and permissions granted hereunder shall automatically terminate and you shall immediately cease your ability to upload or create Content. The University also reserves the right at our sole discretion to (a) request you to immediately remove any such misused Content, (b) limit, suspend or terminate your account, (c) take technical and legal steps to keep you off the Site; and (d) charge you for any damages and losses arising out of such unauthorized use. You must notify the University immediately of any breach of security or unauthorized use of your account or Content.

You also agree: (a) not to violate any laws in connection with your creation of Content for our Subscription Services; (b) not to interfere with or try to disrupt our Subscription Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems that we may use; and (c) not to copy, sell, lease or otherwise provide access to our Subscription Services to any third party.

4. Limitations of Liability

You understand that our Subscription Services are provided “as is,” with all faults and without any kind of warranty (express or implied). TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SUBSCRIPTION SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree upload Content to our Subscription Services solely at your own risk and you understand that we do not guarantee any results for any Content uploaded therein. This means that we make no guarantees regarding your expectations or experiences creating Content for our Subscription Services. We disclaim any and all liability arising out of the use of the Subscription Services. You hereby release the University from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered from creating Content or using the Subscription Services, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by the University (or for which the University provides no guarantees) under this Agreement, or (b) for which the University is otherwise indemnified or released by you under this Agreement.

5. Indemnification

You hereby agree to defend, indemnify, and hold the University harmless from any claim or demand made by any third party, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the University, relating to or arising out of (a) your breach of this Agreement, (b) your creation of Content for use (or misuse) of our Subscription Services, or (c) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

6. Governing Law and Dispute Resolution

This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the District of Columbia without regard to its conflict of laws rules.

7. General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

The University reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.