This Terms of Use Agreement (the “Agreement") is a legal agreement between “You” and Ibble, Inc. (“Ibble,” “We” or “Us”) and governs your use of the Service. The “Service” means (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 Service is provided by Ibble for the purpose of creating a unique conversation platform that allows you to change the culture, control your narrative, and connect with other users. The Service may also provide information and links related to other Ibble products and services, and third party products and services. By using the Service, You represent to Us that you are at least 18 years old and You agree to be bound by the terms of this Agreement.
IF YOU ARE NOT AT LEAST 18 YEARS OLD OR 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 INCLUDES AN ARBITRATION CLAUSE, WHICH PROVIDES FOR A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. UNLESS YOU TIMELY OPT OUT OF THIS ARBITRATION CLAUSE, YOU AND IBBLE AGREE THAT ANY DISPUTE RELATING TO THIS AGREEMENT MUST BE RESOLVED BY INDIVIDUAL MANDATORY ARBITRATION.
Subject to all terms and conditions of this Agreement, Ibble hereby grants You a non-exclusive, 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 Ibble Privacy Policy located at https://getibble.com/legal/privacy.html is incorporated herein by reference (“Privacy Policy”). The Privacy Policy provides information about your privacy rights and explains how Ibble protects your personal information.
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 may 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 discover new topics of interest, spark new conversations, and expand your knowledge.
The “Home” section of the App provides curated content to inform you and allow you to jump right into the conversation. The “Explore” section of the App allows you to read the latest news, follow shows, and view trending topics. You can use content you discover in these sections to spark a conversation, which provides a shared starting point for discussion.
Convos allow you to engage with a topic on your own terms. Convos may be public or private. A Public convo is visible to any user of the Service, 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. A third option allows users to “listen” to a convo and be notified as the convo develops.
3.1 General. Ibble may allow you to upload or post audio, video, images, text or other content through the Service, including without limitation user feedback regarding the Service (“User Content”). All User Content you provide to Ibble, whether via the Service or otherwise, is deemed to be non-confidential. You hereby grant Ibble a nonexclusive, royalty-free, sublicensable, transferable, perpetual, 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 providing and improving the Service, subject to the Privacy Policy and applicable law.
3.2 Prohibited Content. The Service contains a method for filtering objectionable material from being posted to the Service 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 App. Ibble will respond timely to any concerns. If necessary, Ibble has the ability to block abusive users from the Service 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 Service, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that:
3.3 Third-Party Content. The Service may display, include, make available or link to content, data, information, applications, websites or materials from third parties (“Third-Party Content”). 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 Service. Ibble disclaims all liability arising from or relating to the Third-Party Content.
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 purpose.
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. 200 E 6th St., Suite 208, Austin, TX 78701 support@ibble.zendesk.com 512-766-8383. 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:
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 acknowledge that the Service automatically collects information, data and statistics relating to your use of the Service, and compiles 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.
You may login to the Services by creating an Ibble user account directly. 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 OF, 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 22 of this Agreement will survive any termination of this Agreement.
The laws of the State of Texas shall govern the enforcement and interpretation of these Terms of Use without regard to its conflict of law principles. The exclusive venue for any action related to this Agreement shall be in the state and federal courts located in the County of Travis, State of Texas and the parties irrevocably submit to the venue and jurisdiction of such courts and waive any objections to such venue and jurisdiction, including without limitation objections based on venue, jurisdiction or an inconvenient forum.
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.
This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and Ibble with respect to Your use of the Service, and any and all other written or oral agreements or understandings previously existing between You and Ibble with respect to such use are hereby superseded and cancelled. This Agreement is not intended to supersede or replace any other agreements entered into with Ibble by You or Your company that expressly supersedes clickwrap terms. To the extent there are any conflicts or inconsistencies between this Agreement and any other agreement, policy or documentation, the following order of precedence will apply for resolving such conflicts or inconsistences: (i) any Agreement between Ibble and You or Your Company that expressly supersedes clickwrap terms shall control; then (ii) this Agreement; and then (iii) any other agreements, policies, or documentation.
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.