TERMS AND CONDITIONS OF SERVICE
1
PREAMBLE
1.1 Please read these Terms and Conditions of Service ("Terms") carefully before using this Application. By accessing or using the Application, you (the "User") accept and agree to all the Terms and Conditions below. If any of the Terms is unacceptable to you, please do not use the Application and refrain from using it in any way.
1.2 Jibble provides an online application for creating music in collaboration with other users, listening to, recording, mixing, and sharing music and social collaboration, including through mobile devices (the “Application”).
1.3 Prior to using any of the pages or other areas on this application, please read carefully These Terms, which govern, together with our Privacy Policy, your use of this Application. THIS AGREEMENT WILL BECOME BINDING UPON USING THE APPLICATION.
1.4 Prior to using any of the pages or other areas on this application, please read carefully These Terms, which govern, together with our Privacy Policy, your use of this Application. THIS AGREEMENT WILL BECOME BINDING UPON USING THE APPLICATION.
1.5 Jibble may occasionally amend or update these Terms at any time to reflect changes in our practices and services, without giving any prior notice to users. All amendments will come into effect and bind users once posted on this Application. Users are encouraged to check these Terms frequently for amendments.
2
GENERAL RESTRICTIONS ON USE
2.1Use of and access to the Application is void where prohibited by law. By using the Application, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Application does not violate any applicable law or regulation or any obligation.
2.2It is strictly forbidden and you agree not to (a) unlawfully access the application, its server and/or any files related to the application and/or use any robots, spiders, crawlers and the like, for the purpose of data mining, reverse engineering or any other similar methods; (b) transmit to or via the application any content which contains any viruses, bugs, warms and other malicious programs, which could be harmful to the application or to other computers, violate third parties privacy or prevent them from using the application.
2.3The application can remove any data and/or content and/or to refrain from fully or partially advertising such content, according to its own discretion and without any prior notice.
2.4You may not use any hardware or software intended to damage or interfere with the proper working of the Application or to surreptitiously intercept any system, data or personal information from the Application. You agree not to interrupt or attempt to interrupt the operation of the Application in any way, including alter, modify or reverse-engineer.
2.5You may not use any information from this application to send any spam or other unauthorized or unsolicited commercial communications or publicity materials
2.6You agree not to collect or harvest any personal data of any user of the application or any Service (and agree that this shall be deemed to include Jibble account names);
2.7You agree not to use the application or the Services (including the comments and email features in the application) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
2.8No part of this application may be copied, reproduced, published, publicly performed or displayed, transmitted, communicated, made available to the public, stored in any electronic retrieval system or distributed in any medium, without the prior written consent of Jibble, except as expressly allowed herein.
2.9Jibble may alter or amend any part of the Application at any time upon its sole discretion.
3
REGISTRATION
3.1When you register to use the App, you are required to provide your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid and monitored by you. Your email address and any other information you choose to provide about yourself will be treated in accordance with our Privacy Policy, as may be updated from time to time.
3.2You agree not to use the account of another User at any time, and not to allow any other person make use of your user name and password.
4
TERMINATION OF ACCOUNT
4.1Jibble may for any reason, in its sole discretion and without prior notice, terminate your account, and remove from the Application any User Content (as defined below) associated with your account,in the event that Jibble believes that such User has breached, or intends to breach, any of User's representations, warranties, or obligations under these Terms or has contravened any applicable law. Grounds for such termination may include, inter alia, (i) extended periods of inactivity, (ii) violation of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users.
4.2Jibble reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or delete the App, the Accounts or any part thereof.
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USER CONTENT
5.1Jibble allows you to post certain audio, visual, images on the Application. In addition, Jibble may allow you to post comments on the Application.
5.2You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Jibble to use your Content for the purposes of the provision of the Service by Jibble, and otherwise to use your Content in the manner contemplated by the Service and these Terms, and (b) that neither your Posting of such User Content nor the exercise by Jibble or any other users of the rights set forth in these Terms, shall infringe the intellectual property, moral, publicity or privacy rights of any third party.
5.3You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to your Content; (ii) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (iii) your Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially offensive, harassing, or that is discriminatory based upon race, gender, colour, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparageor discredit Jibble or any third party; (f) contain any virus, worms, trojan horses and other disabling or damaging codes; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless Jibble and its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in these Terms.
5.4You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question.
5.5Jibble has no obligation to accept, display, review or maintain any User Content. Moreover, Jibble reserves the right to edit, delete, or move user Content from the Application without notice for any reason at any time. User Content that you submit or post will be available to the public, and you should have no expectation of privacy in the same content.
5.6You confirm that your contribution of User Content is your own original work and does not infringe on any third party's rights, including, but not limited to, copyrights, trademark, moral rights or any other intellectual property rights, and that it complies with these Terms.
5.7You acknowledge and agree that other users of the Service may edit and modify your Content as they deem fit at any time following submission thereof and for so long as it has not been removed (subject to limitations on removal contained herein).
5.8The unauthorized reproduction, distribution, sale or public presentation of User Content submitted to the App is prohibited.
6
USER GENERATED CONTENT
6.1Once your User Content is submitted to the App, it may be read, listened to or modified by other Users without requiring your consent. Any such Modifications by other users may enhance, build upon, or alter your Content. You may or may not like the modifications made by other Users.
6.2When you upload or post Content to Jibble, you grant:
6.2.1to Jibble, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, make available to the public, broadcast and publically perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Jibble's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
6.2.2to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms, and amend your content as well as add musical levels to it
6.3Please note that in accordance with copyright law and policy, if you shall make use of any Content which is later removed due to copyright infringement, your own Content and Modification may be deleted as well, even if you did not breach these Terms in any way.
6.4The above licenses granted by you in Content terminate when you remove or delete your Content from the application. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you.
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INTELLECTUAL PROPERTY
7.1Certain content and information provided on and through this App and Services, including, without limitation, Jibble’s logo, trademark, graphics, Content, information, text, images, data and other material displayed, available or present on the App or Services, that were not originated from Users, as well as the look and feel of the App and Services (collectively, the “Jibble Content”) are the copyrighted and/or trademarked work of Jibble solely, and may not be used without express written permission from us, other than for attribution.
7.2Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create remix of, transfer, sell or otherwise use the Application or any User Content appearing in the Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Jibble or any third party.
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DMCA COMPLIANCE
8.1Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Jibble’s policy to respond to copyright owners who believe material appearing on the Application infringes their rights. If you believe that something appearing on the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice.
8.2Notices and counter-notices must meet the DMCA’s requirements. Be aware that there can be substantial penalties for false claims.
9
LIMITATION OF LIABILITY
9.1The Jibbleapplication is an intermediary, which provides an online application for listening to, recording, creating, remixing, and sharing music creative and social collaboration, including through mobile devices.
9.2The application and /or anyone on its behalf, shall not be liable for any damage, harm or loss, direct or indirect, resulting from any use of the application, whether to the user and/or to any third party, as a result of the use of the content and data contained in the application;
9.3YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION. IN NO EVENT SHALL JIBBLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THIS APPLICATION, OR ANY APPLICATION LINKED HERETO; (II) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS APPLICATION; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS APPLICATION; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS APPLICATION BY ANY THIRD PARTY;
9.4 The application does not oblige to save a backup of all the content stored and/or present in the application. Additionally, the application may sustain the application, in whole or in part, for the purpose of maintenance, update, upgrade or for any other need, and it shall not be liable to any loss, harm or damage, which may be resulted due to such act.
9.5 The application will not be liable to any loss, harm or damage resulting from: (1)any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;(2) any changes which Jibble may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); (3) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
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INDEMNIFICATION
10.1Jibble may, at its sole discretion, disable/suspend User's account and User's access to, or use of, the App and/or the Services and Jibble may recover from User any losses, damages, costs or expenses incurred by Jibble resulting from or arising out of User's non-compliance with any provision of these Terms.
10.2You agree to indemnify and hold Jibble and its shareholders, directors, officers, employees, advisors, subsidiaries, affiliates and agents (the “Indemnified Parties”), harmless from and against all loss, damages, expenses, claims, demands and liabilities incurred or suffered by the Indemnified Parties arising out of (a) any action or omission (including representation) made by You to third parties, creating any obligation or liability regarding the Jibble Services which Jibble has not specifically assumed or approved under these Terms, (b) your breach of these Terms or the documents it incorporates by reference, or (c) your failure to comply with all applicable laws, regulations, ordinances and treaty requirements, relating, among others, to data protection, privacy rights, and copyrights.
11
MISCELLANEOUS
11.1 Entire Agreement.This is the entire agreement between you and Jibble relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by Jibble.
11.2 Separate Agreements.If any provision or provisions of this Agreement should be held to be unenforceable, such holding will not affect the other provisions hereof which shall remain in full force.
11.3No failure of Jibble to invoke or enforce any of the Terms and Conditions shall be considered as a waiver of any right of Jibble
11.4 Provision of Services. Jibble reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the App or any part thereof.
11.5 Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
11.6 Assignment. User may not assign this agreement. Jibble may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
11.6 Jurisdiction and Applicable Law. The laws of the State of Israel govern exclusively to these Terms and your use of the Application, and you irrevocably consent to the jurisdiction of the courts located in the Tel Aviv District for any action arising out of or relating to these Terms.