We designed jibe to make it as easier for you to communicate and share your content (pictures, videos, and text) with your friends and others. As a user, we need to have you agree to abide by the following terms and conditions (this "Agreement"). This Agreement governs your use of the jibe website located at www.jibemobile.com and www.jibe.mobi (the "Site") and any jibe services and/or wireless mobile applications, web plug-ins, desktop, mobile web site, text messaging, SMS, MMS, and other services that enable you to communicate or to upload, view, use and share content and transmit it to and from any mobile phone, PDA, computer or other connected device (collectively, the "Service"). This Agreement applies to all users of this Site and/or the Service. This Agreement is a legal contract between you and Ascenna Mobile, Inc. d/b/a jibe mobile ("jibe", "we" or "us") and governs your access to, and use of the Site and the Service regardless of the means of access (computer, mobile phone, etc.). If you do not agree with any of the terms of this Agreement, do not access or otherwise use this Site or the Service. Your use of this Site or the Service will be deemed to be your agreement to abide by each of the terms and conditions set forth in this Agreement.
We may make changes to the Site or the Service at any time without notice, and we can change this Agreement at any time without notice by posting updated terms of service on the Site. Your continued use of the Site or the Service after such changes have been posted means that you agree to the revised Agreement, even if you have not reviewed the changes. Therefore, you should check the terms of service posted on the Site periodically for updates and changes.
You represent, acknowledge and agree that:
In any case, you affirm that you are over the age of 13, as neither the Site nor the Service is intended for children 13 and under. If you are 13 years of age or younger, then you cannot use the Site or the Service, but instead talk to your parents about the other great sites out there that are appropriate for you.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Any commercial use of the Site or the Service is strictly prohibited. As a condition of your use of the Site and/or the Service, you will not use the Site or the Service for any purpose that is unauthorized, unlawful or prohibited by this Agreement. You may not use the Site or the Service in any manner that could damage, disable, overburden, or impair the Site or the Service or interfere with any other party's use and enjoyment of the Site or the Service. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Site or the Service or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or he Service. You may not use access to the Site or the Service to obtain information necessary for you to design, develop or update unauthorized software that you use or provide to others to use to access the Site or the Service. You may not charge others to use the Site or the Service either directly or indirectly. We take prudent efforts to keep your information private but we cannot and do not guarantee that personal information you submit to us will be free from third party intrusion.
The Site and/or the Service may allow you to interact with third-party web sites and web services ("Link(s)"). The Links are not under the control of jibe and jibe is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. In addition, jibe is not responsible for your activities on websites with which the Site and /or the Service may be integrated and all rights and responsibilities fall to the operator of those sites.
In registering for the Service, you agree to provide and maintain accurate and complete information about yourself. In registering, you may provide a phone number and other information about yourself and are responsible for maintaining the confidentiality of these items. You agree not to use the account, username, or password of another member at any time or to disclose your password or other information to any third party; and you agree to notify jibe immediately if you suspect any unauthorized use of your account or access to your account. You agree that you are responsible for all activities that occur under your account, whether or not expressly authorized by you.
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of jibe, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without jibe's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site, the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site, the Service or the Site Content other than as specifically authorized herein, without the prior written permission of jibe, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or through the Service or provide to jibe. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to the Site or through the Service.
When you post User Content to the Site or through the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site and/or through the Service. By posting User Content to any part of the Site or through the Service, you automatically grant, and you represent and warrant that you have the right to grant, to jibe an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Jibe does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Jibe asks that you respect our on-line community and other users of the Site and/or the Service. When posting User Content to or otherwise using the Site and/or the Service, you agree not to:
This list of prohibitions is for example only and is not intended to be a complete or exclusive list. These prohibitions do not require jibe to monitor or remove any User Content or other information submitted by you or any other user. You are solely responsible for your interactions with other users of the Site and/or the Service. Jibe reserves the right, but has no obligation, to monitor disputes between you and other users. Jibe reserves the right to terminate your access to your account or ability post to the Site or the Services as set forth below. Jibe may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at jibe's discretion, jibe will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to the Site via your mobile phone, (ii) the ability to receive and reply to messages, (iii) the ability to browse the Site from your mobile phone, and (iv) the ability to access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding the Service and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
You acknowledge that jibe reserves the right to charge for the Service and to change its fees from time to time in its discretion.
You are responsible for any and all Internet, phone, and other connected device fees which you may incur using the Site and/or the Service, which include but are not limited to Internet access costs, mobile phone voice fees, mobile phone data fees, SMS fees, MMS fees, and all other service charges and/or costs levied by third-party providers.
Use of the Site and/or the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
You agree to receive communications from jibe in connection with your use of the Site and/or the Services in the form of email or SMS messages, including without limitation account activity notification, service updates, and reminders.
If you wish to provide us with feedback regarding the Site and/or the Service ("Feedback"), you assign and agree to assign to us all right, title and interest in and to the Feedback. You will not provide us with Feedback that is subject to any intellectual property or other right of any third party.
You are solely responsible for your interactions with other users of the Site and/or the Service. jibe reserves the right, but has no obligation, to monitor disputes between you and other users of the Site and/or the Service.
You agree to indemnify and hold jibe, its subsidiaries and affiliates, and each of their directors, officers, employees, agents, contractors, licensors and business partners, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, you post or share on or through the Site or the Service, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Jibe is not responsible or liable in any manner for any User Content or other content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by jibe, or by third parties. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site or through the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with the Service. Jibe is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Jibe assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Jibe is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any mobile client software. Under no circumstances will Jibe be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or other content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site and/or the Service, whether online or offline.
Jibe provides the Site and the Service on an "as is" basis and grants no warranties of any kind, express, implied or statutory, including, any warranty regarding content or access to the service, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Jibe does not warrant that the Site or the Service or the functions, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Jibe makes no warranty that the Site or the Service will meet your expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Site or the Service shall create any warranty not expressly made herein. jibe does not endorse, warrant or guarantee any products or services promoted, offered or provided by or on behalf of third parties on or through the Site or the Service. Jibe is not a party to, and does not monitor, any transaction between users and third party providers of products or services. Jibe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
IN NO EVENT WILL JIBE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF JIBE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JIBE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JIBE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL JIBE'S LIABILITY TO YOU EXCEED US$500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO JIBE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM JIBE, REGARDLESS OF THE CAUSE OF ACTION.
Jibe, and the jibe logo are trademarks of Ascenna Mobile, Inc. All rights reserved. All other trademarks, names and logos on this Site are property of their respective owners.
Jibe respects the intellectual property of others, and we ask you to do the same. Jibe may, in appropriate circumstances and at our discretion, terminate services and/or access to the Site and/or the Service to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide jibe's copyright agent the following information:
Jibe's agent for notice of claims of copyright infringement on this Site can be reached as follows:
By mail:While using the Site and/or Services, you may interact with and be redirected to third parties that are advertising their goods and/or services. Any such interaction between you and these third party advertisers is between you and that third party. jibe shall not be responsible or liable to you for your interaction with these third parties or for any promises, representations or warranties that they may make to you in solicitation for you to buy or use their products or services.
You acknowledge and agree that jibe has the right to use your name, your company's name (if applicable), the names of anyone who appears in your User Content, your User Content, and/or the name or title of the User Content in any press releases, marketing collateral, public or private events, press-related efforts, co-marketing, trade shows, product releases, sales trainings, or promotions that jibe conducts or participates in. You acknowledge and agree that jibe will not require any additional approval from you or anyone else involved in the User Content or content creation.
Jibe may terminate your membership, delete your profile and any content or information that you have posted on the Site or through the Service and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without noticejibe may terminate your membership at any time, without warning. Even after your membership is terminated, the provisions of this Agreement regarding indemnity and liability limitations will remain in effect.
Jibe shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without our prior written consent, and any such attempt is void. The relationship between us and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The sections of this Agreement regarding liability and warranty limitations and indemnity will survive any termination hereof.
By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and jibe or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
YOU AND JIBE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, jibe will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.