Last updated December 3, 2023

Welcome to Mammoth and Moth.social. Please have fun… and be cool!

These Terms of Service below govern all the legal stuff between us and apply to your use of the Services on all platforms, such as websites, mobile apps, smart TVs, interactive toasters (you laugh, but they’re coming), etc. Our company name is The BLVD, Inc. We also refer to ourselves as Mammoth and/or Moth.social, The Great and Powerful Oz, or “we” or “us” in here, and when referring to you we refer to… well… we will just say “you.” By using our “Services” you are agreeing to be bound by these Terms. Please read them super carefully (s-u-p-e-r carefully). In addition to these Terms of Service, we also have a Privacy Policy and Moth.social Content Policies (aka Don’t Be A ****), and other policies that apply to your use of our Services, which are incorporated into these terms (collectively, these “Terms”).

IMPORTANT (ERGO, THE ALL CAPS) NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE “ARBITRATION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.

1. Who We Are: We are The BLVD, Inc. We offer the Mammoth app, a Mastodon client for iOS and macOS. In addition, we operate Moth.social, a Mastodon "server” or “instance" principally aimed at users of the Mammoth app. Our Services may also include access to certain software, features, and content that you can purchase from us or others.

2. Agreement to Terms. By using our Services, you represent that you are at least 18 years old, and possibly WAY older, like our founder, and you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. Simple as that.

3. Privacy Policy. Our Privacy Policy governs how we collect, use and share personal and other information while using our Services. You understand that through your use of the Services you consent to the collection and use of this information as set forth in the Privacy Policy, which is incorporated into these Terms. “Our Privacy Policy carefully you shall read,” as Yoda would say (he’s read the policy and gave it the thumbs up. At least we think that was his thumb).

4. Changes to these Terms or the Services. We may update or modify these Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms to this site with the date of the update and/or we may also send you other communications. It’s important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you must discontinue using the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. We are the boss.

5. Account Security. To access and use certain features of the Services you’ll need to sign up for an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account. You may be held liable for losses incurred by us or any other user of any Services due to someone else using your Mammoth or Moth.social ID, password or account. You are also responsible for maintaining the accuracy of the contact information associated with your account. If you get locked out of your account, we’ll need to contact you, although there are no guarantees that we will be able to restore your account. So… you know. We may also assume that any communications we’ve received from your account or the associated contact information have been made by you. You may not license, sell, or transfer your account to a third party without our prior written approval.

6. Your Stuff. When we say “your stuff” in these terms, we mean all the content and things you add (upload, post, share, or stream) to our Services, like posts, comments, links, pictures, GIFs, emojis… all of it. Of course, you don’t have to add stuff to our Services, but by golly if you do, you are responsible for ensuring that you have the right to do so, that you have the right to grant us the licenses to use that stuff in accordance with these Terms, that your content isn’t illegal or going to get anyone, including us, busted by any authorities or regulators, and that your content complies with the Moth.social Content Policies. We take no responsibility for any of your content, and we are not responsible for others’ use of your content. That’s all on you, yo.

Our services may allow users to add stuff in a number of different ways, including via direct messages and in smaller and larger communities. Some of these spaces are public, and if you share content within them, that content may be accessed by people you do not know. For example, some servers are available in the directory of the app and do not require an invite link to join. Other server owners may publish their server invite link on certain public websites. The choices are set by server owners or admins, and they may change over time. Please understand the difference between posting in public and private spaces on Mastodon, and choose the appropriate space, features, and settings for you and your content.

Your stuff is yours, but you give us a license to it when you use Mammoth or Moth.social. Your content may be protected by certain intellectual property rights that you own. But by using our services, you grant us a license —which is a form of permission, not a small flightless bird from Estonia— to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our Services:

• Use, copy, store, distribute, and share your content in manners consistent with your use of our Services.
• Publish, publicly perform, or publicly display your content if you’ve chosen to make it visible to others. Rock and Roll!
• Edit, modify, translate, and reformat your content.
• Sublicense your content, to allow our services to work as intended.

This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual. Please note that we also reserve the right to take down your stuff if we don’t think it belongs here, or if it violates these Terms, OR if you say something unflattering about our lawyer and his olfactory shortcomings.

7.  Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services. If you choose to submit feedback, you agree that we are free to use it forever, anywhere and  without any restriction or compensation to you.

8. Our Stuff.  We are the owner or the licensee of, or otherwise have permission to use, all intellectual property rights in our Services.  These works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our Site for commercial purposes without obtaining from us a licence (that’s how they spell it in England, just so you know. We are not in or from England. Just trying to look cool, like when you say “cheers” but there are no drinks in sight.)  You may use the content on Mammoth and Moth.social as permitted by these terms, but we retain all intellectual property rights in our content. Cheers!