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Pibbon User Agreement

Effective 24th July 2021.

Welcome

Hello, pibboners and people of the Internet! This Pibbon User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Pibbon LTD. (“Pibbon,” “we,” “us,” or “our”).

Please take a look at Pibbons’s Privacy Policy too—it explains how and why we collect, use, and share information about you when you access or use our Services.

To Summarise

In these yellow boxes we will give a simple summary of what's being said in the main terms.

1. Your Access to the Services

By registering you are confirming that you are over the age of 18 and capable of entering into binding contracts. You must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

To Summarise

To register with Pibbon you must be of age to legally enter into a binding contract.

2. Your Use of the Services

Pibbon grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

To Summarise

We give you access to the service but not to copy, distribute or clone the service.

3. Your Content

The Services may contain information, story suggestions, text, links, graphics, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant Pibbon the following license to use that Content:

  • When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Pibbon. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
  • Any ideas, suggestions, and feedback about Pibbon or our Services that you provide to us are entirely voluntary, and you agree that Pibbon may use such ideas, suggestions, and feedback without compensation or obligation to you.
  • Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.

To Summarise

You may voluntarily submit content to Pibbon, when you do you grant us permission to use it where we see fit.

4. Things you cannot do

When using or accessing Pibbon, you must comply with these Terms and all applicable laws, rules, and regulations. You may not do any of the following:

  • Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
  • Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
  • Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
  • Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
  • Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Pibbon.
  • Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Pibbon.

To Summarise

We expect you to not abuse, interrupt or steal Pibbon's content.

5. Indemnity

This Section explains the ways in which our liability to you is limited and excluded.

  • Where We Don’t Limit or Exclude Our Liability - We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this Section and the rest of the Terms.
  • No Implied Terms - We provide access to the Services on the provisions of the relevant Terms. To the fullest extent permitted by law, we expressly exclude any and all conditions, warranties and other terms which might otherwise be implied by statute, under common law, or otherwise.
  • Third Parties - We are not responsible or liable for the actions of third parties or your interactions with them. Third parties may include, for example, social media service providers, or the developers of any device or software which you use to access the Services.
  • No Indirect or Consequential Loss - We expressly exclude any liability for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of the Service. We are not liable for losses, damages, costs and expenses that are not foreseeable to both you and us at the time you open your account with us or which are not caused by our breach.
  • No Liability for Certain Kinds of Loss - We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. In short, we are not liable for business losses.
  • Indemnity - Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Pibbon Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

To Summarise

We aren't liable for that if it affects your ability to use our products and services.

If you breach these terms, and as a result, a third-party makes a claim against us, you agree to hold us 'harmless' against costs and losses that arise from that claim. You also agree to help us resolve the claim.

6. Disputes and Governing Law

  • The Terms, and any contract between you and us on the Terms, are governed by the law of England and Wales unless otherwise provided.
  • If any dispute arises between you and us in connection with your use of the Services, then you and we will attempt to resolve that dispute through discussion. If we are unable to resolve the dispute by discussion, then unless otherwise provided the courts of England and Wales will have exclusion jurisdiction over any claim relating to your use of the Services or any connected contract. However, if you are not resident in England or Wales then we reserve the right to bring proceedings against you in any court in your country of residence.

To Summarise

The terms here are governed by the law of England and Wales.

7. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

To Summarise

The terms here are governed by the law of England and Wales.

8. Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

Contact Us

Please contact us at contact@pibbon.com.

Copyright © 2021 Pibbon Ltd. All rights reserved.