The Service is provided by Ibble for the purpose of creating a platform that unlocks knowledge about investing, facilitates real-world conversations, and builds user confidence over time. Through the Service, You may engage in conversations with other users, receive curated investment-related news and entertainment, and hone your investment skills by competing in Ibble’s weekly trading competitions. The Service may also provide information and links related to other Ibble products and services, and third party products and services.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, IBBLE IS UNWILLING TO LICENSE THE SERVICE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SERVICE.
This Agreement governs your use of the Service only. Any other contractual agreements between You and Ibble remain in effect.
Subject to Your agreement to be bound by all terms and conditions of this Agreement, Ibble authorizes You to use and access (i) Ibble’s proprietary mobile software application, which includes compiled software code, images, music, media, templates, data, a user interface, any documentation accompanying the program, and any updates or supplements of such software and documentation (collectively, the “App”); and (ii) Ibble’s proprietary software and related media accessible at www.getibble.com, including all related subdomains (the “Website”). The App and Website are referred to herein collectively as the “Service”. The Service is deemed accepted by You when the App is initially downloaded by You, or when you access the Website.
Subject to all terms and conditions of this Agreement, Ibble hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited license to use and access the Service in accordance with this Agreement and any and all agreements and documents executed by You or delivered by Ibble. The Service is licensed to you, not sold, and Ibble reserves the right to revoke such license at any time and disable your ability to use the Service for any reason or for no reason.
The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved to Ibble. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Service except as expressly authorized in this Agreement. 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 Service and any Ibble messages when they are rendered in the Service, in which case such marks may not be altered or removed by You without written approval by Ibble.
Accessing the Service and creating an account are free. Through the Service you may comment on investment-related news, participate in a daily game, and expand your knowledge about investing.
The Service is provided as a platform to develop your skills and understanding of investment strategies and practices. Investment-related decisions inherently involve risk and Ibble does not endorse or recommend any particular investments or ventures.
When using the Service, you may receive information relating to potential investments and trading strategies. You should not rely on any investment-related information you receive from other users and you acknowledge that you should consult with such tax, legal, and other professionals you deem appropriate before participating in any investment activities.
YOU ACKNOWLEDGE THAT ALL INVESTMENT INVOLVES RISK AND THAT YOU SHOULD NOT INVEST UNLESS YOU ARE ABLE TO BEAR THE LOSS OF UP TO YOUR ENTIRE INVESTMENT AND ANY TRANSACTION-RELATED EXPENSES.
Ibble reserves the right to pre-screen, remove or edit any User Content at any time and without notice to You. Notwithstanding the foregoing, Ibble does not have the obligation to pre-screen any User Content unless required by applicable law. When you use the Service, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that:
(collectively “Prohibited User Content”).
If you are a copyright owner and believe that any User Content infringes upon your copyright rights, you may submit a notification to Ibble’s Designated Agent at: Ibble, Inc. 1705 Guadalupe St. 4th Floor. Austin, TX 78701 [email protected] 512-766-8383 and Pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), such notification must include:
A description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Your contact information (email and telephone number); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
You represent and warrant the following during your download, installation, and/or use of the Service:
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 Service for its intended purposes.
Ibble is Powered by IEX Cloud.
Use of the Service requires an internet connection and may result in charges from your cellular service provider. 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.
Unless and to the extent specifically provided otherwise in writing by Ibble, you may not:
We may discontinue some or all of the functionality of the Service at any time. We may also terminate your right to use the Service at any time, and in such event we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Service, including without limitation, all driving laws and laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
Ibble may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Service or portions thereof available to You under this Agreement for the purpose of, among other things, distributing bug fixes, patches and feature improvements. 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 Service. Notwithstanding the foregoing, Ibble does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Service.
You may login to the Services by using your Facebook account or by creating an Ibble user account directly. By using your Facebook account as a login for the Services, you agree that Ibble may access and use your Facebook account information, including your email address associated with your Facebook account and the profile picture associated with your Facebook account. You shall not share Your user account information with others or allow third parties to use Your login credentials to the Service 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 Service under Your user account is done by You. You are solely responsible for maintaining the security of, for example, your username, password, and all other user account information, and You agree that Ibble will not be liable for any loss or damages resulting from use of your account by others.
You shall defend, indemnify, and hold harmless, Ibble and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) your use of the Service; (ii) any dispute between You and any other user or users; (iii) Your use, creation or posting of Prohibited User Content; (iv) your violation or breach of this Agreement, or (v) the infringement by You, or any other user of Your username or account, of any intellectual property or right of any person or entity.
IBBLE DOES NOT PROMISE THAT THE SERVICE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS PROVIDED BY IBBLE “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. IBBLE CANNOT ENSURE THAT THE SERVICE OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICE, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICE, IS AT YOUR OWN RISK. IBBLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IBBLE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF IBBLE, AND EVEN IF IBBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, IBBLE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, IBBLE’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO THE SERVICE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST IBBLE, OR (2) US$200.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, Ibble may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Service and discontinue exercising all license rights granted by this Agreement. Sections 2.1, 2.2, 2.3, and 3 through 21 of this Agreement will survive any termination of this Agreement.
You acknowledge that the Service is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Service, 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 Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Ibble reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. Ibble’ failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Ibble of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Ibble and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.