IBBLE TERMS OF SERVICE

Revised Date: November 2022

 

IMPORTANT: READ CAREFULLY

 

Thank you for choosing ibble (also “ibble,” “we,” “our,” or “us”). This Terms of Service Agreement (the “Terms”) is a legal agreement between you and ibble, Inc. (“ibble,” “we” or “us” or “our”) and governs your use of the Services. The “Services” means the ibble app, our website www.getibble.com as well as any other website, page, or app owned by us (together, the “Site”) and all products and services provided by ibble in connection with the Site. By accessing or using the Site or Services, you or your business (also “you” or “your” or “their” or “user”) agree to be bound to these Terms. 

You may access some aspects of the Services without registering your details with us. Certain aspects of the Services are only open to you if you register and login. Please note that these Terms apply to all aspects of the Site and Services and to any use of the Services and form a legally binding agreement between you and us, and to the extent such acceptance by you is made on behalf of any entity or other organization, the individual making such acceptance represents and warrants they are authorized to bind such entity or other organization to these Terms. 

We reserve the right to modify, disable, or discontinue this Site or the Services, or any portion thereof without notice to you or any third party for any reason or no reason. These Terms may be unilaterally modified from time to time without notice to you. Such modifications by us are effective upon posting to the Site or Services, and your access to or use of the Site or Services at any time constitutes acceptance of the Terms in effect at the time. It is important that you review these Terms when you use or access the Site or Services. 

IF YOU DO NOT AGREE TO ALL OF THESE TERMS WITHOUT MODIFICATION, THEN PLEASE DO NOT ACCESS OR USE THE SITE OR THE SERVICES. BY VIEWING, CONTINUING TO ACCESS, OR USING ALL OR ANY PART OF THE SITE OR THE SERVICES, DOWNLOADING ANY MATERIALS, OR COMPLETING ANY PROCESS VIA THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF THESE TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING THE SITE AND THE SERVICES. 

 

  1. SITE ACCESS PARAMETERS

The Site and the Services are controlled and operated by us from the United States. We make no representation that any part of the Site or the Services is appropriate or available for use in other locations. Those who choose to access the Site or use the Services do so on their own initiative and at their own risk and are responsible for compliance with all applicable local laws. We reserve the right to discontinue the Site or the Services or to limit the availability of the Site and/or the provision of the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion for any reason, including, but not limited to, if we reasonably believe: (A) you have violated these Terms; (B) you create risk or possible legal exposure for us; or (C) our provision of the Site or the Services to you is no longer commercially viable.

The Site is intended for informational purposes and may be used to access and, at times, make purchases via the Services. Not all of the Services are available in all geographic locations. You may not be eligible for all of the Services. We reserve the right to determine all eligibility for the Services in our sole discretion.

Use of the Site and the Services requires an internet connection and may result in charges from your cellular or internet service provider(s). ibble is not responsible for any such charges. ibble is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of ibble’s direct control. IBBLE IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES OR YOUR EQUIPMENT OR SYSTEMS.

 

  1. UPDATES TO IBBLE

ibble may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Site, the Services, or portions thereof available to you under these Terms for the purpose of, among other things, distributing bug fixes, patches, and feature improvements, or for any other reason. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. ibble disclaims any and all liability relating to your failure to install any updates to the Site or the Services. Notwithstanding the foregoing, ibble does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Site or the Services.

ibble reserves the right to change the Terms at any time by revising the terms and conditions herein, including, but not limited to, adding or changing fees and charges for use. You are responsible for regularly reviewing these Terms. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail. You can access the latest version of these Terms on the Site. Continued use of the Site or Services following any such changes will constitute your acceptance of such changes. If you do not accept these terms and any subsequent changes, you must cease using the Site and Services.

 

  1. CHILDREN

Consistent with the United States Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not intend to market the Site or any of the Services to children under eighteen (18) years of age, and do not knowingly collect personal information or make any active effort to collect personal information from children and do not wish to receive such information. 

Pursuant to 47 U.S.C. 230(d), as amended, parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. For example, Apple and Google have incorporated parental controls into their respective mobile operating systems that may be configured to only allow minors to access applications that comply with specific requirements for protecting minors from harmful content. ibble makes no recommendation or endorsement of any particular parental control protection software at this time.

 

  1. ELECTRONIC COMMUNICATION PERMISSIONS

By accessing or visiting the Site, sending an email, or otherwise communicating with us through the Site or in connection with the Services, you are communicating with us electronically and you agree to receive electronic communication from us, including by email and by posting to the Site. You agree that any electronic communication from us satisfies any legal requirements that such communication from us must be in writing. Except as otherwise agreed by you and ibble, you also agree that any communications that you submit or otherwise provide to us via the Site, by email or otherwise, are and will be treated as non-confidential and non-proprietary and that we will have the right to use such information in accordance with our Privacy Policy. 

When you provide any information, material, or Content (defined herein) on the Site, via the Services, or to us, you acknowledge and agree that we do not guarantee that the materials will remain available to you or that you will qualify for the Services. 

 

  1. PROPRIETARY RIGHTS

The Site and the Services, including but not limited to text, images, audio, video, product and price information, reviews, apps, information, software, code, analysis, materials, opinions, and email newsletters prepared or provided by ibble on the Site or in the Services and correspondence from us (collectively, “ibble Content”), belong to us as between you and ibble, unless otherwise expressly agreed in writing by us. 

The Site, the Services, and ibble Content are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Site, the Services, and ibble Content not expressly licensed under these Terms are reserved to ibble. You may not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Site, the Services, or ibble Content except as expressly authorized in and in accordance with these Terms. No right to use any trademark or trade name of ibble is granted to you hereunder other than the right to display the ibble marks that are placed on the Site, the Services, or ibble Content and any ibble messages when they are rendered in the Services, in which case such marks may not be altered or removed by you without prior written approval by ibble.

For the Services you may access or purchase on the Site or by other means, ibble retains all right and title to the ibble Content, the Site, and the Services and, except as otherwise agreed, grants you a royalty-free, worldwide, non-exclusive, perpetual, revocable, non-transferable (except to your permitted assigns) right to use such ibble Content and Services only in a manner consistent with these Terms and their intended use as a social media platform and services for you (the “Intended Use”). 

 

  1. CONVOS, CONTENT, COMMENTS, AND OTHER DATA

Accessing portions of the Site and the Services and creating an account with ibble is free. Through the Services you may discover new topics of interest, spark new conversations, and expand your knowledge via messages (including via email) you or others send to us or to other users of the Services (“Convos”). Convos allow users to engage with a topic on their own terms. Convos may be public or private. A public Convo is visible to any user of the Services, but you may restrict the users allowed to contribute to the Convo, while still allowing other users to view the Convo. In contrast, a private Convo is only available to users invited to participate in the Convo. You may also be able to allow other users to “listen” to a Convo and be notified as the Convo develops. 

You are solely responsible for your messages and Convos and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your messages and Convos. You grant us a worldwide right to use, store, and reproduce your messages and Convos for the limited purpose of facilitating sending them to your designated recipients (and we may also use tools and services of third party service providers to facilitate the sending of messages and Convos to your designated recipients). You represent and warrant that your messages and Convos will not be infringing our rights or any third-party right, including intellectual property or privacy rights. Except as provided in these Terms, you retain all of your ownership rights in your messages and Convos.

The Site and the Services facilitate the sharing, uploading, or posting of audio, video, images, text, or other content through the Site or the Services, including without limitation Convos, user feedback, and Comments (defined herein) (together, “User Content”). All User Content you provide to ibble, whether via the Site or the Services or otherwise, is deemed to be non-confidential. You hereby grant ibble a nonexclusive, royalty-free, fully paid, sublicensable, transferable, perpetual, irrevocable and worldwide license to distribute, use, display, modify, copy, publicly perform or display, translate, and create derivative works from the User Content in connection with promoting, providing, and improving the Site or the Services, subject to the Privacy Policy and applicable law. You hereby waive any and all of your rights of droit moral and similar rights with respect to any User Content. This license survives termination of these Terms.

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send or share creative ideas, suggestions, feedback, comments, reviews, testimonials, proposals, plans, or other materials, whether online, via the Site, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that, unless specified otherwise by us in our sole discretion, we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you provide to us. 

You are under no obligation to provide any Comments or any User Content to us. We are and will be under no obligation (A) to treat any Comments or User Content as confidential; (B) to pay compensation for any Comments or User Content; or (C) to respond to any Comments or User Content. 

We may, but have no obligation to, monitor, edit, or remove any User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms. 

You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right, and that you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share User Content in accordance with these Terms. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you provide and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party. 

You agree to indemnify, defend, and hold harmless ibble and, if relevant, our vendors, agents, associates, and/or partners against any liabilities, damages, demands losses, claims, costs, fees (including legal fees), and expenses in connection with any third-party legal proceeding to the extent arising from your User Content.

We reserve the right, and have absolute discretion, to remove, screen, or edit Content posted or stored on the Site or the Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or through the Services, at your sole cost and expense.

You acknowledge that the Site and the Services automatically collect information, data, and statistics relating to your use of the Site or the Services, and that we or third parties compile such information, data, and statistics. Subject to the terms of the Privacy Policy, ibble reserves the right to use such information, data, and statistics in the course of ibble’s business, and you hereby agree to ibble’s use.

 

  1. THIRD PARTY CONTENT

The Site or the Services display, include, make available, or link to content, data, information, applications, websites, advertisements (which may be targeted to the Content), or materials from third parties (“Third-Party Content”). Such Third-Party Content is subject to change. ibble is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, efficiency, advertising, terms of use, privacy policy, practices, software code, or any other aspect of the Third-Party Content. You are encouraged to read the terms of use and privacy policy of any third-party websites to which you connect when using the Site or Services. ibble disclaims all liability arising from or relating to the Third-Party Content. 

In consideration for ibble granting you access to and use of the Site and the Services, you agree that ibble and its third party providers and partners may place such advertising on the Site or the Services or in connection with the display of Content from the Site or the Services whether provided by you or others.

Third-Party Content may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information, or materials in any way whatsoever except to use the Site or the Services for its intended purposes.

 

  1. ACCURACY OF CONTENT

With respect to ibble’s obligations and representations, all Content provided via the Site or the Services is for informational, entertainment, and educational purposes only. We and our third-party service providers do not guarantee the accuracy, completeness, usefulness, or timeliness of any Content on the Site or Services. We do not endorse or have any responsibility for any statements on or about or Content on the Site or Services made or made available by anyone other than our authorized employees or spokespersons while acting in their official capacities. 

Where we provide interactive Services, we will attempt to provide clear information to you about the kind of service offered, if the Services and/or Content is/are moderated, and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive services provided on our Site or Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) and/or Content in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive services we provide or make available or any Content, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service or Content by a user in contravention of our content standards, whether the service is moderated or not.

No Content on the Site or the Services should ever be relied upon as the sole basis for making any decisions to purchase products or services from ibble or any third-parties. We and our third-party service providers will not be liable for any purchase decisions made based on any Content and/or the Site or the Services. Any reliance on any Content found on the Site or via the Services is at your own risk, and you assume any and all risks associated with your decisions. 

We and our third-party service providers may be active investors in businesses related to or mentioned on this Site or via the Services and may or may not have open investment positions in those businesses. You assume any and all risk associated with your decisions irrespective of whether we or our third-party service providers hold positions in businesses or opportunities mentioned on the Site or the Services.

 

  1. REPORTING CONTENT AND USE OF IBBLE

ibble may use a method for filtering objectionable material from being posted to the Site or via the Services and a mechanism to report offensive content. You may report such content to ibble at support@ibble.zendesk.com or via the reporting system within the Services. ibble will respond timely to any concerns. If necessary, ibble has the ability to block abusive users from the Services and will exercise that ability in its sole discretion. ibble reserves the right to pre-screen, remove, or edit any User Content at any time and without notice to you. When you use the Services, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that:

A. is unlawful, libelous, defamatory, harassing, threatening, harmful, invasive of others’ privacy or publicity rights, abusive, inflammatory, or otherwise injurious to third-parties;

B. is protected by any patent, trademark, trade secret, copyright, or other intellectual or proprietary right, unless you own such rights, you have received all necessary consent, or such use is permissible under applicable law;

C. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interferes with someone else’s use of the Site or the Services;

D. falsely provides a review for a product or service that you have not purchased or used, or misrepresents your experiences relating to any product or service;

E. constitutes any form of unsolicited commercial email or "spam," or an offering or dissemination of fraudulent goods, services, schemes, or promotions;

F. is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients;

G. is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data, or personal information; and/or

H. violates any applicable local, state, national, or international law;

(collectively “Prohibited User Content”).

You may not do any of the following while accessing or using the Site or the Services: (A) access, tamper with, or use non-public areas of the Site or the Services (except to the extent that you may be allowed to access and use (but not tamper with) a member-only community or area of the Site or the Services established by a Content Creator), ibble’ computer systems, or the technical delivery systems of our providers; (B) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (C) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Site or the Services to send altered, deceptive, or false source-identifying information; or (D) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site or the Services.

You agree to abide by all laws and regulations in effect regarding your use of the Site and the Services, including without limitation, all driving laws and laws relating to copyright-protected Content. 

You represent and warrant the following during your download, installation, and/or use of the Services:

i. You are no less than 18 years old;

ii. You possess all necessary rights to post any User Content you post using the Services and You will not post any Prohibited User Content; and

iii. You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties.

You may download and use any ibble Content, User Content, and/or Third-Party Content (comprehensively, “Content”) displayed on the Site so long as you maintain and preserve any ibble or third-party copyright or proprietary notices. For instances in which you reproduce ibble Content, consistent with the above terms or with express permission of ibble, you must place “Used with permission from ibble” somewhere near the reproduced ibble Content. Notwithstanding anything to the contrary set forth herein, your rights to download, use, and display Content of a Content Creator (as such term is defined in Section 11 below) accessed pursuant to a Purchase or Subscription (as such terms are defined in Section 15 below) are governed by the terms of the Standard Contract Between User and Content Creator.

 

  1. MOBILE APP / APPLE TERMS

ibble may provide the Services through a mobile app, including but not limited to an app developed for the App Store / Apple Inc. (“Apple”) or Google Play / Android Apps / Google LLC (“Google”). Ibble’s app is considered an extension of the Site and the Services, is included in the definition of such, and is subject to these Terms, along with any Content contained therein. The app may collect personal information (as described in our Privacy Policy) from you. Please refer to the Privacy Policy for how we handle such personal information. 

By downloading our app via Apple or Google, you agree to the following terms: 

(A) You acknowledge that these Terms are entered into between you and ibble and, that Apple or Google is not a party to these Terms other than as a third-party beneficiary as contemplated below.

(B) The license granted to you under these Terms is a non-exclusive, non-transferrable, revocable license to use the app for your personal, non-commercial purposes, except to the extent that you are a registered Content Creator and use the app in connection with the generation and/or publication of content via the Site or the Services. Your use of the app is subject to the permitted Usage Rules set forth in the Apple Media Services Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) or in the Google Play Terms of Service (see: https://play.google.com/intl/en_us/about/play-terms/index.html) and any third-party terms of agreement applicable to the Services.

(C) You acknowledge that ibble, and not Apple or Google, is responsible for providing the Site, the Services, and any Content thereof.

(D) You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Site or the Services.

(E) To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Site or the Services.

(F) Notwithstanding anything to the contrary herein, and subject to these Terms, you acknowledge that, solely as between Apple and ibble, and between Google and ibble, ibble, and not Apple or Google, respectively, are responsible for addressing any claims you may have relating to the Site or the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Site or the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(G) Further, you agree that if the Site or the Services, or your possession and use of the Site or the Services, infringes on a third party's intellectual property rights, you will not hold Apple or Google responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(H) You acknowledge and agree that Apple, and Apple’s subsidiaries, and Google, and Google’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

(I) When using the Site or Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with our Site or Services.

 

  1. USER ACCOUNTS AND CONTENT CREATOR ACCOUNTS

Some aspects of the Site or the Services, including accessing exclusive content or purchasing products or services we may offer for sale, you may need to or be able to register an account with us ("Account"). To use the Site or the Services in this manner and/or register an Account, you must represent that you are at least the age of majority in your state, country, and/or province of residence, and you may also need to provide certain identifying and/or shipping information including your phone number, address and billing information, and a valid email address and password to create your login profile for the Account. Additional information and representations may be required in order to register you or to charge or collect payment for access to subscriber-only content. 

All information that you provide to ibble or its vendors, agents, associates, or partners, including your credit card information, is subject to ibble’s Privacy Policy or the privacy policy of the respective third-party. You are responsible for keeping your information up to date through any Account management options on the Site or via the Services. Each Account and the rights and privileges provided to Account holders is personal and non-transferable, except to the extent that the Account is held by an entity other than a natural person and is transferred in connection with the sale or transfer of all or substantially all of the assets or business of such entity. You agree to: (A) provide accurate, current, and complete information about you as may be prompted by any signup, login, and/or registration forms associated with our Site for any Account (“Registration Data”); (B) maintain the security of your password and identification; (C) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (D) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; (E) and to notify us immediately of any unauthorized use of your Registration Data or of any other breach of security regarding your Account. 

Except with respect to the professional management of Content Creators’ accounts by service providers, which access is expressly permitted and subject to the Content Creator’s agreement to be liable for all acts taken using their Account, you will not share your Account information with others or allow third parties to use your login credentials to the Site or the Services at any time or for any reason unless otherwise allowed in writing by ibble. You warrant, and ibble may assume and rely on the assumption, that any and all activity and use of the Site or the Services under your Account is done by you. You are solely responsible for maintaining the security of, for example, your username, password, and all other Account information and Registration Data, and you agree that ibble will not be liable for any loss or damages resulting from use of your Account by others.

As an Account holder in connection with the Site or the Services, or a registered user of the Site, by sending e-mails to us, or by providing your email address and/or phone number to us on the Site or otherwise, you agree to receive emails or texts promoting any special offer(s), including third-party offers. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Site or otherwise, satisfy any legal requirement that such communications be in writing. We may from time to time send you our newsletter and similar communications. You may opt-out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable email correspondence. You may opt out of receiving communications from us by following the opt-out procedure provided in our Privacy Policy; you cannot opt-out of certain emails regarding transactions you enter into with us or via the Site or the Services. 

If you wish to make some or all of the content you post to the Site available only to select users on an exclusive or membership basis, ibble may provide tools to enable you to do so (in which case you are referred to herein as a “Content Creator”), and may give you the ability to charge for access to your content.  

Applications to register a user as a Content Creator may be rejected for any reason. Content Creator is responsible and assumes all liability for the actions of any agent, agency, management company or other third party assisting the Content Creator with the operation of their Account or operating it on their behalf and is legally responsible for ensuring that all Content posted and all use of the Content Creator’s account complies with the Terms. Each Content Creator agrees to indemnify ibble for any breach by that Content Creator of obligations to generate, provide, or make available Content to its members/subscribers, including with respect to losses or damage (including loss of profit, reasonable outside attorneys’ fees, and costs) incurred by ibble resulting from the Content Creator’s failure.

 

  1. COPYRIGHT AND TRADEMARKS / DMCA

ibble respects copyright and other proprietary laws and expects you to do the same. We reserve the right to terminate your access to the Site or the Services if you infringe or are reasonably believed to have been repeatedly infringing the rights of copyright or other proprietary rights holders by way of the Site or the Services. 

Without limiting any other language in these Terms, you acknowledge and agree that the Site, the Services, and Content are protected by copyright laws, trademark laws, other laws of the United States, and laws of other countries. Without limiting any other language in these Terms, you acknowledge and agree that the Site, the Services, and ibble Content, which includes all associated proprietary rights, are the exclusive property of ibble and/or our licensors. You further acknowledge and agree that all trademarks appearing on the Site, the Services, and Content are owned by us or the third party that provides it. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices incorporated in or accompanying the Site, the Services, or Content. 

We do not condone copyright infringement or any other infringement of proprietary rights on the Site or the Services, and will remove allegedly infringing content of any type if properly notified of the infringement. If you are a copyright owner or other proprietary rights owner and believe that any content infringes your work, you may submit a notification to ibble’s Designated Copyright Agent at: ibble, Inc. 200 E 6th St., Suite 208, Austin, TX 78701 support@ibble.zendesk.com, 512-766-8383, with the following information in writing (see Digital Millennium Copyright Act [DMCA] 17 U.S.C 512(c)(3) for further information): 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

• Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; 

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email; 

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The above notice should be sent to ibble using the contact information listed herein.

 

  1. GENERAL IBBLE PROHIBITIONS 

In connection with the acknowledgement of our rights in these Terms, you agree not to: 

• Use, display, mirror, or frame the Site or the Services or any individual element within the Site or the Services, including, but not limited to, ibble Content; 

•Access, tamper with, or use non-public areas of the Site or the Services – e.g. our computer systems, etc. (this does not include member-only communities or areas of the Site or the Services, which you may access if allowed by the applicable Content Creator); 

• Attempt to probe, scan, or test the vulnerability of any of our systems or networks; 

• Breach any security or authentication measures; 

• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, any of our providers, or any other third party – e.g. other users, etc., including any security measure established by a Content Creator with respect to their exclusive or members-only Content; 

• Separate any individual component of the Site or Services for use; 

• Attempt to access or search the Site or Services through the use of any engine, software, tool, agent, device, or mechanism – e.g. spiders, robots, crawlers, data mining tools, etc. – other than the software and/or search agents provided by us; 

• Incorporate any portion of the Site or Services into other software or compile any portion of it in combination with other software; 

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation; 

• Use any meta tags or other hidden text; 

• Use any metadata utilizing our trademark or URL; 

• Forge any TCP/IP packet header or any part of the header information in any email or posting; 

• Use the Site or the Services in any way to send altered, deceptive, or false source-identifying information; 

• Attempt to modify, decipher, decompile, disassemble, or reverse engineer any of the software used, contained, or displayed within the Site or the Services in whole or in part, or encourage, assist or authorize any other person to do any of these things; 

• Use the Site, the Services, or any portion of such, with any other service; 

• Interfere with or attempt to interfere with the access of any user, host, or network – e.g. sending a virus, overloading, flooding, spamming, mail-bombing, etc.; 

• Collect or store any personal information from other users of the Site or the Services; 

• Impersonate or misrepresent your affiliation with any person or entity; 

• Sell, rent, lease, lend, loan, distribute, assign or sublicense the Site or the Services or otherwise transfer any rights to it in whole or in part; 

• Access the Site or the Services behind proxy servers or URL cloaking techniques; and/or 

• Encourage or enable any other individual to do any of the foregoing. 

 

  1. ENFORCEMENT 

You acknowledge and agree that we have the right to investigate and prosecute violations of any of the above prohibitions or any of these Terms to the fullest extent allowed under applicable law. 

You also acknowledge and agree that we do not have an obligation to monitor your access or use of the Site or the Services, but we retain the right to do so for the purpose of operating the Site and the Services and ensuring compliance with these Terms as well as the law. At any time and without prior notice, we reserve the right to disable your access if we find a violation of these Terms or the law. 

Any rights not expressly granted herein are reserved by us. We will determine your compliance with these Terms and the Privacy Policy in our sole discretion and our decision will be final and binding. Any violation of these Terms or the Privacy Policy may result in restrictions on your access to all or part of the Site or the Services and may be referred to law enforcement authorities. We, in our sole discretion, reserve the right to disqualify and terminate access to or use of the Site or the Services or any Content by any individual or entity found to be (A) tampering with the operation of the Site or the Services; (B) acting in violation of the Terms or the Privacy Policy; (C) acting in an unethical or disruptive manner; or (D) acting with intent to annoy, abuse, threaten, or harass us, our representatives, or any other individual or entity in any manner related to the Site or the Services. 

ibble also reserves the right to access, read, preserve, and disclose any information or Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of ibble, its users, and the public. ibble also reserves the right to remove Content alleged to be infringing another’s intellectual property rights without prior notice, in our sole discretion.

 

  1. PAYMENT PROVISIONS

Payment Options. As further described herein, purchases of Services (“Purchases”) may occur through the Site or the Services with ibble Coins (“Coins”). Purchases of Services may occur by monthly or annual subscriptions through the Site or the Services (“Subscriptions”).

Coin Purchases. Coins (which are subject to our “Coins Policy”) may only be purchased in-app through our third-party payment processor, and your purchase is further subject to the third party’s terms, conditions, and restrictions. The purchase of Coins will require a valid, accepted credit card or other payment method that we, or our designated third-party payment providers, as applicable, in our or their sole discretion, elect to accept as payment. The total price for the Coins, and any associated transaction fees or taxes, will be displayed upon checkout prior to submission of your payment. Once your purchase is complete, your transaction will be considered final, and your user account will be credited with the Coins you purchased. Coins may be used to purchase Services or Subscriptions or to “Tip” a Content Creator, as further set forth in our Coins Policy.

Content Creator Transactions. Purchases and Subscriptions occurring through the Site or the Services whereby a user pays Coins to a Content Creator for access to such Content Creator’s exclusive or members-only content (each a “Content Creator Transaction”) are agreements directly between a user and a Content Creator. Each Content Creator Transaction will be governed by the Standard Content Creator Subscription Agreement, a copy of which can be found here. While ibble facilitates Content Creator Transactions by providing the Site and the Services and storing Content, ibble is not a party to any Content Creator Transaction or any other contract or agreement, verbal or written, that may exist between a user and a Content Creator. Ibble is not responsible for Content Creator Transactions or other interactions between users and Content Creators except as otherwise expressly set forth in these Terms or ibble’s Privacy Policy.

Payment and Credit Card Terms. For the purchase of Coins , you authorize us to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update your Account or your account with our designated third-party payment providers, as applicable, to reflect such change. You may experience temporary disruption of your access to the Site or the Services or Content made available subject to a Content Creator Transaction if you have insufficient Coins in your account. When purchasing Coins, your account balance may not immediately reflect such purchase while we verify new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment providers, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.

Cancellations and Refunds. For Purchases of Coins, you may not cancel such Purchase after the transaction is completed unless such cancellation is required by applicable law or our third-party payment provider. You may have the option to cancel your Purchase or Subscription of a Service, or a Content Creator Transaction prior to the start of the delivery of the relevant Services or Content. We, or reserve the right to refuse or cancel any Subscriptions, Purchases, or Content Creator Transactions or attempted Purchases, Subscriptions, or Content Creator Transactions at any time in our sole discretion. Further, we, or our designated third-party payment providers, as applicable, may reverse transactions if we have a reasonable, good-faith belief that such transactions, alone or together with other transactions, are illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of unfair dealing (which could include such things as cheating, hacking, or other prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW OR, WITH RESPECT TO CONTENT CREATOR TRANSACTIONS, AS PROVIDED IN THE STANDARD CONTENT CREATOR SUBSCRIPTION AGREEMENT BETWEEN USER AND CONTENT CREATOR, ALL SALES AND PURCHASES ARE FINAL AND NO REFUNDS WILL BE ISSUED.

Recurring Billing. Subscriptions may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into these Terms, you acknowledge that your Subscription, if any, has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of such Subscription. WE, OR OUR DESIGNATED THIRD-PARTY PAYMENT PROVIDERS, AS APPLICABLE, MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. TO TERMINATE YOUR SUBSCRIPTION, CONTACT OUR DESIGNATED THIRD-PARTY PAYMENT PROVIDERS, AS APPLICABLE.

Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third party payment providers, as applicable, will provide notice of the amount to be charged and the date of the charge at least 15 days before the scheduled date of the transaction. You agree that we, or our designated third-party payment providers, as applicable, may accumulate charges incurred for one or more Subscriptions or Purchases and submit them as one or more aggregate charges during or at the end of each billing cycle.

Auto-Renewal; Cancellation of Subscriptions. Unless cancelled as described above, your Subscription(s), if any, will be automatically extended for successive renewal periods of the same duration as the relevant Subscription term originally selected or acknowledged by you. There will be no prorated refunds or prorated subscriptions. In the case of each Content Creator Transaction, the terms and conditions of the Standard Content Creator Subscription Agreement will control your Subscription(s), cancellations and renewals.

Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Site or the Services or to any specific Content, if any, must be used within the specified time of the free trial or promotion, or if not specified, within six (6) months from the start of the free trial or promotion. At our discretion (or the discretion of the relevant Content Creator, as applicable), you may be allowed to continue access to the Site or the Services (or Content, as applicable) following the end of the free trial or other promotion, provided that we may change the terms and/or fees associated with such access, and at such time, you will be required to elect either to accept such fees or terms or your account will be reverted to an ibble standard Account and/or access to the relevant Content terminated, as applicable. You may be required to cancel your Subscription before the end of the free trial period or promotional period in order to avoid being charged the then-current, non-promotional Subscription rate and being subject to any new terms. If you cancel prior to the end of the free trial period or promotional period and are inadvertently charged for a Subscription, you may be able to or need to contact our designated third-party payment providers to have the charges reversed.

Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars and any payments to be made by ibble to a Content Creator will be paid in U.S. Dollars. 

Taxes. Your purchase of Coins may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third-party payment providers, or a Third-Party Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your acquisition, purchase, or possession of Subscriptions, except for Sales Taxes as described in this section or as required by applicable law.

 

  1. THIRD-PARTY PARTNERS AND CONTENT CREATORS

These Terms only apply to our Site and Services. The Site and Services may utilize the services of Third-Party Partners, including third-party websites, resources, and resellers.  The Site and Services may also host the Content of Content Creators. Because we do not have control over such third parties or Content Creators, we do not make any representations about any third parties or Content Creators. Any user engaged in a Content Creator Transaction will enter into a Standard Content Creator Subscription Agreement, and we do not make any representations or warranties about Content published by a Content Creator. You acknowledge and agree that we are not responsible for the availability of the external websites, resources, or services of such third parties or of Content that is the subject matter of a Content Creator Transaction. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites, resources, or services or any content posted by a Content Creator. If provided, you should review the terms and conditions of the applicable third parties, which are separate and unrelated to these Terms. 

 

  1. DISCLAIMERS / NO WARRANTIES 

THE SITE, THE SERVICES, USER CONTENT AND IBBLE CONTENT ARE MADE AVAILABLE AND/OR PROVIDED BY IBBLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE SITE, SERVICES, OR CONTENT ARE SUITABLE FOR USE. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. ALSO, WE EXPLICITLY DISCLAIM ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE BASIS, OR THAT THE SITE, THE SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR PHONE, COMPUTER, OTHER ELECTRONIC DEVICES, CAR, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER OR PHONE VIRUS. IBBLE CANNOT ENSURE THAT THE SITE, THE SERVICES, CONTENT, OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SITE OR THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF AND ACCESS TO THE SITE, THE SERVICES, OR CONTENT, AND THE RESULTS AND PERFORMANCE ACHIEVED USING SUCH, IS AT YOUR OWN RISK.

WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF ANY CONTENT OR SERVICES SUBSCRIBED FOR, PURCHASED, OR OBTAINED THROUGH THE SITE OR THE SERVICES, OR THAT DEFECTS WILL BE CORRECTED. CONTENT PROVIDED OR EXPRESSED ON THE SITE OR THE SERVICES, INCLUDING THIRD-PARTY CONTENT, MAY NOT REFLECT OUR POLICIES OR CONFORM TO ANY AGREEMENT YOU MAY HAVE WITH US. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, THE SERVICES, AND CONTENT REMAINS WITH YOU EXCEPT, AS APPLICABLE, AS OTHERWISE AGREED BETWEEN A USER AND A CONTENT CREATOR PURSUANT TO A CONTENT CREATOR SUBSCRIPTION AGREEMENT WITH RESPECT TO CONTENT COVERED BY A CONTENT CREATOR TRANSACTION.

For clarity, no advice or information, whether oral or written, obtained from us, the Site, the Services, or any Content will create any warranty not expressly made herein. 

You acknowledge and agree that your access to and use of the Site, the Services, and Content is dependent upon access to telecommunication services and internet services. You will be solely responsible for acquiring and maintaining all telecommunication services, internet services, and other hardware and software required to access and use the Site, the Services, and Content. 

You agree that your access to and use of the Site, the Services, or Content and your purchase of or subscription for Content or Services on or through the Site or the Services are at your sole risk, whether known or unknown to you. 

 

  1. LIMITATION OF LIABILITY 

Without limiting the foregoing, you also acknowledge and agree that ibble and its officers, directors, agents, licensors, and third-party providers are not and will not be responsible for, liable for, or incur any claims, causes of action, suits, penalties, fines, losses, damages, costs, or expenses, including, without limitation, attorneys’ fees and costs (“Claims”) arising out of or in connection with these Terms or a Content Creator Subscription Agreement or from your access to, use of, or inability to access or use the Site, any Content, or the Services for or arising out of the following: 

• Personal or bodily injury, death, or emotional distress; 

• Interactions or meetings with other users of the Site, the Services, or Content or other persons with whom you communicate or interact with as a result of your use of the Site, the Services, or Content, including, without limitation, other users or Content Creators; 

• Loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any telecommunication services and internet services or the failure of such services that you use to access or use the Site, the Services, or Content; and 

• Any other Claims arising out of or relating to your acts or omissions or the acts or omissions of any third party, whether in contract, warranty, strict liability, negligence, or other legal theory regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose. 

The foregoing limitations apply even if we have been advised of the possibility of such damages or they are otherwise foreseeable), or if such Claims result from: (A) the use or the inability to use the Site or the Services or results of the use of the Site or the Services or any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise; (B) the cost of procurement of substitute products or services resulting from any products, data, information, or services obtained or messages received or transactions entered into through, from or as a result of the Site or the Services; (C) unauthorized access to or alteration of your transmissions or content; (D) statements or conduct of any third party on the Services or Site; or (E) any other matter relating to the Site or the Services or the products or services we offer or make available via the Site or the Services. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Without limiting the foregoing, you acknowledge and agree that if we are found liable for any of the foregoing Claims or for any other Claims arising hereunder, including the breach of these Terms, we and any other person or entity involved in creating, producing, or delivering any of the foregoing will under no circumstances be liable for any incidental, special, exemplary, punitive, or consequential damages, including, without limitation, lost profits, loss of data, loss of goodwill, or the cost of acquiring substitute products or services, whether in contract, warranty, strict liability, negligence, or other legal theory, regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose. 

By accessing the Site or the Services, you understand that you may be waiving rights with respect to Claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read, understood, and hereby expressly waived the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her [or their] settlement with the debtor.” 

The limitation of liability set forth above is a fundamental element of the basis of the bargain between us and you. The limitation of liability set forth above will apply to every form of action, whether in contract, warranty, strict liability, negligence or other legal theory, and will survive any breach of these Terms, the Privacy Policy, or any agreement or the failure of the essential purpose of these Terms, the Privacy Policy, any agreement, or any exclusive remedy. 

Without waiving the exclusive governing law provision set forth below, some states do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent allowed under applicable law. 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS OR SERVICES OFFERED BY US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. INDEMNIFICATION AND HOLD HARMLESS

You agree to defend, indemnify, and hold ibble, its officers, its directors, its employees, and its agents harmless from and against any Claims arising out of or in any way connected with: 

• Your access to or use of the Site, the Services, or Content, including your violation of these Terms; 

• Your use, creation or posting of Prohibited User Content; 

• Any goods or services you may provide or fail to provide; 

• Any dispute between you and any other user or users; 

• The infringement by you, or any other user of your username or Account, of any intellectual property or right of any person or entity; and 

• Any agreements or understandings you have with third parties. 

You will cooperate as fully as reasonably required in the defense of any such claim. ibble reserves the right, at its own expense, to assume the exclusive defense and control of any matter or portion thereof subject to indemnification by you.

You agree to indemnify and hold ibble, and its vendors, agents, employees, associates, and/or partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site or the Services, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. ibble reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

 

  1. VIOLATIONS / TERMINATION

You agree that ibble, in its sole discretion and for any or no reason, may terminate any ibble user, member, or Account (or any part thereof), or your use of or access to the Site, the Services, any Content, or any part of any of the foregoing, at any time, with or without notice. 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site, the Services, and/or Content by, and/or terminate the Accounts of, any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site, the Services, and/or Content by, and/or terminate the Accounts of, any users, for reasons of our own discretion that we are not obligated to reveal, at any time.

You agree that any termination of your access to the Site or the Services or any Content or termination or any portion thereof or limitation of any Account you may have with us or portion thereof may be effected without prior notice, and you agree that ibble will not be liable to you or any third-party for any such termination or limitation. ibble does not permit copyright infringing activities on the Site or the Services, and reserves the right to terminate access to the Site and/or the Services, and remove all Content submitted, by any persons or entities found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or the Services may be referred to appropriate law enforcement authorities. 

ibble also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (A) satisfy any applicable law, regulation, legal process, or governmental request, (B) enforce these Terms, including investigation of potential violations hereof, (C) detect, prevent, or otherwise address fraud, security or technical issues, (D) respond to user support requests, or (E) protect the rights, property or safety of ibble, its users, and the public. ibble also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion. 

These remedies are in addition to any other remedies ibble may have at law or in equity. You agree that ibble will not be liable to you or any third-party for any such termination or limitation. All provisions of these Terms which, by their nature, are intended to survive termination of the relationship between you and ibble, including those with respect to payment obligations accruing prior to such termination will survive any termination of these Terms.

 

  1. DISPUTES 

Any and all disputes, demands, or Claims arising from or related to your access to and/or use of the Site, the Services, ibble Content, and/or these Terms will be settled and resolved first by good faith efforts to amicably resolve the matter through discussion and negotiation. The parties may, by mutual consent, retain a mediator to aid in their attempt to informally negotiate resolution of any dispute, although any opinion expressed by a mediator will be strictly advisory and will not be binding on the parties, nor will any opinion, statement or proposed resolution expressed by the mediator or the parties be admissible in any proceeding. Costs of the mediation will be borne equally by the parties, except that each party will be responsible for its own expenses except with respect to a claim by ibble for indemnification pursuant to these Terms, in which instance you will be responsible pursuant to Section 19 above. Should any dispute not be resolved pursuant to this paragraph of these Terms, despite such good faith attempts, then the exclusive forum for resolution of any and all such disputes and claims will be a state or federal court located in the County of Travis, State of Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your state or country of residence or any other relevant state or country. You and we agree to personal jurisdiction and venue in such court in any such suit or action.

 

  1. CONTROLLING LAW / EQUITABLE RELIEF

The laws of the State of Texas will govern the enforcement and interpretation of these Terms without regard to the conflicts of law principles thereof that would require the application of the laws of another jurisdiction. 

You agree that we would be irreparably damaged if these Terms are not specifically enforced. Therefore, in addition to any other remedy that we may have at law, we will be entitled, without bond or other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.

 

  1. CLASS ACTION WAIVER

THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY MEDIATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE MEDIATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

 

  1. NOTICE TO INTERNATIONAL VISITORS

The Site, the Services, and the servers that make them and the Content available are located in the United States of America (U.S.). If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.

You acknowledge that the Site and the Services are of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Site and the Services, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use and destination restrictions issued by U.S. and other governments.

Although the Site and the Services may be accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site and/or the Services may be available to all persons or in all geographic locations, or appropriate or available for use outside the U.S. We make no representation that the Site or the Services are appropriate or available for use beyond the U.S. If you use the Site or the Services from other locations, you are responsible for compliance with applicable local laws. ibble reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person, entity, or geographic area. Any offer for any feature, product, Content, or service made on the Site or via the Services is void where prohibited.

 

  1. PRIVACY

For information and notices concerning our collection and use of your personal information, please review our Privacy Policy. Your use of the Site or the Services is confirmation of your access to and ability to read these Terms and our Privacy Policy. 

We may electronically monitor areas of the Site and may disclose any Content, logs, records, or electronic communication of any kind (A) to satisfy any law, regulation, or government request; (B) if such disclosure is necessary or appropriate to operate the Site or the Services; or (C) to protect our rights or property or our third party partners, sponsors or advertisers, service providers, licensors, or any other user of the Site or the Services. 

It is our policy to release a user’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, and/or to protect the rights, property, or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection and/or any other legitimate legal or business purpose now or hereafter existing. 

 

  1. GENERAL PROVISIONS 

These Terms and the Privacy Policy, as each may be amended from time to time, constitute the entire and exclusive understanding and agreement between us and you regarding the Site, the Services, and Content. These Terms and the Privacy Policy supersede and replace any and all prior oral or written understandings or agreements between ibble and you regarding those subjects. These Terms are not intended to supersede or replace any other agreements entered into with ibble by you or your company that expressly supersede clickwrap terms. 

To the extent there are any conflicts or inconsistencies between these Terms and any other applicable agreement, policy, or documentation, the following order of precedence will apply for resolving such conflicts or inconsistences: (A) any effective, applicable agreement between ibble and you or your company that expressly supersedes clickwrap terms will control; then (B) these Terms; and then (C) any other effective, applicable agreements, policies, or documentation.

If any provision of these Terms or the Privacy Policy is found by a court of valid jurisdiction to be invalid or unenforceable, it will be deemed amended or severed solely to the extent required to comply with applicable law, and the remainder of these Terms and the Privacy Policy will remain in full force and effect and will be enforced to the fullest extent allowed under applicable law. 

ibble is not liable or responsible, nor will ibble be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond ibble's reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, pandemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems. 

No waiver or failure by us to enforce any provision of these Terms or the Privacy Policy will be valid unless in writing and signed by an authorized officer of ibble. 

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of you and ibble and each party’s successors and permitted assigns. 

Without limiting our rights and remedies, if you fail to comply with these Terms, ibble may, in its sole discretion, terminate these Terms. Upon termination of these Terms, you must promptly cease all use of and access to the Site and the Services and discontinue exercising all license rights granted by herein. 

Nothing contained in these Terms or the Privacy Policy will be deemed to constitute you and ibble as partners or joint venturers or constitute an employment or agency relationship between you and us. 

These Terms will not be interpreted or construed to confer any rights or remedies on any third parties.

Headings in these Terms and the Privacy Policy are purely for reference and will not affect the meaning of any provision, term, or condition. As used in the Terms and the Privacy Policy, the words “include,” “including,” “e.g.,” “such as,” and variations thereof will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” 

Any provision of these Terms or the Privacy Policy that must survive to allow us to enforce its meaning will survive termination for any reason. Any Claim by or through you relating in any way to these Terms, the Privacy Policy, the Site, the Services, any Content, or otherwise with respect to their subject matter, regardless of form or the basis of the Claim, must be brought within one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose) or else such cause of action is waived. 

These Terms constitute a written agreement between you and us. A printed version of these Terms or the Privacy Policy, and of any electronic notice pertaining to these Terms or the Privacy Policy, will be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document, or record originally in printed form. 

 

  1. NOTICES

Any notices or other communications permitted or required hereunder must be in writing. 

Except as explicitly stated otherwise, legal notices will be served by a user on ibble’s national registered agent, or by ibble to the email address you provide to us during any Account registration process. Notice will be deemed given 24 hours after a notice is sent by email, unless the sending party is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Services. In such case, notice will be deemed given three (3) days after the date of mailing.

 

  1. CONTACTING IBBLE

For clarification on or if you have any questions regarding these Terms, the Privacy Policy, the Site, the Services, or Content or to report a violation of these Terms, please contact: 

ibble, Inc.

200 East 6th St, Suite 208 

Austin, TX 78701

Email: support@ibble.zendesk.com

Phone: 512-766-8383

 

To obtain a copy of these Terms, you may print a copy or contact us to request one using the information above. 

If you are a California resident, you may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.