Gibi Terms and Conditions
2.1 Using Your Information
By using the Site and inputting personal information the user understands that Gibi will use such information for internal purposes and with your permission or upon your request may also provide that information to affiliated companies or persons. Gibi takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking or software errors
By using the Site and inputting personal information the user understands that he or she may acquire cookies or other computer files that Gibi uses to identify users. We currently collect information such as pages visited, search parameters, and property information to supplement our records and help us learn what pages are most attractive to our customers, which of our features most interest our customers.
2.4 Web Advertising for Publishers
3.1 Google Maps
3.2 Errors or Delays
Gibi is not responsible for any errors in displayed information or delays in displaying information. All information on the Site is either transmitted to Gibi from you or other entities or persons, or was obtained through publicly available sources. Issues of data accuracy may be brought to the attention of Gibi by contacting us, but unless the information was provided by you, it is likely that such inaccuracy cannot be corrected by Gibi and the entity or person that generated the information must be appealed to. For example: incorrect map details can only be changed by Google.
3.3 Site Availability
Gibi reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
6.1 Creating an Account
You will need to create an account and provide information about yourself and your pet to use the Site and Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities in connection with your account. You agree to notify us immediately of any unauthorized use of your account. You will use your account for personal, no commercial purposes only.
6.2 Text Messages
The Services may include the sending of test messages to your mobile device and the mobile devices of others. The receipt of these messages may incur charges, depending the mobile device service plan. You hereby authorize Gibi to send text messages and acknowledge that the recipients are responsible for paying any and all charges associated with the receipt of such test messages.
From time to time, we may introduce features on our site that allow you to interact with other users of Gibi. We are excited to have you participate. As with any community, we have a few house rules:
1. Be respectful. We welcome debate, but we will not tolerate disrespectful language or personal attacks. Please avoid controversial topics such as politics, race, religion, and sexuality. Community members have strong opinions on these topics, and discussions will often devolve into flame wars. We reserve the right to edit or remove any excessively controversial content.
2. No solicitation. Pet lovers are welcome here, but not to promote your services. You can include mention of your company or products, but no contact information or website addresses.
3. No spamming. Please do not post advertising, junk mail, spam, scams or chain letters.
4. No Illegal or offensive posts. Any content that contain illegal, inflammatory, libelous, obscene or pornographic material will be removed.
5. No public posting of private information or other people’s unpublished contact information. This also includes communications from community administrators and moderators.
6. Moderation: We reserve the right to monitor content and delete any content that does not adhere to our rules, including content that is disparaging or insulting.
7. Have fun! This is your chance to connect and with friends, family, and other pet lovers.
All text, images, audio, video and other forms of communication (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. You may be exposed to Content that is offensive, indecent, inaccurate, libelous or otherwise inappropriate. By accessing the Site, you certify that you will not upload or post such Content.
8.2 Your Content
We may remove your Content from the Site or reinstate it at our sole discretion. We have no obligation to store your Content. We may display your Content on the Site as part of our Services, to promote our Services or for other business purposes. In connection with such display, you hereby grant us an irrevocable license to use your Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your Content.
8.3 Our Content
We own our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding your Content and third party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with our Content, the Software and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Content or Software in whole or in part except as expressly authorized by us. Except as expressly set out herein, we do not grant you any express or implied rights, and all rights in and to the Site, the Software and our Content are retained by us.
Any feedback you provide at this site shall be deemed to be non-confidential. Gibi shall be free to use such information on an unrestricted basis.
Any links provided on this Site are put there for the user’s convenience. Links may be directed to third-party content, meaning that Gibi has no control over what is actually posted at the destination sites. Gibi does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user so that Gibi can review the content and make changes to links where necessary.
9.1 Limitation of the Services
The Services are designed to locate and detect pet motion. They are not designed or intended to be used to track children, adults or objects.
9.2 Restrictions on Use
You agree that you will not, and will not assist another, to use the Services:
(1) to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
(2) to spam or conduct other mass messaging, whether commercial in nature or not;
(3) for promotional or commercial purposes;
(4) to promote bigotry or discrimination;
(5) to transmit pornography or illegal content, solicit personal information from minors or to harm or threaten to cause harm to minors;
(6) to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, including any copyright, trademark or other proprietary rights notice on the Site;
(7) to violate any applicable law;
(8) to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than your Content);
(9) to reverse engineer any portion of the Site or its underlying software;
(10) to record, process, or distribute information about other users without their permission; or
(11) to take any action that may impose (at our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure, including (A) any attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services, (B) use of the Services or any Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature, (C) attempt to interfere with the proper working of the Services; (D) make excessive traffic demands; or (E) use the Services to disrupt or interfere with the security of any computer network.
When you create an account, you are granted a limited non-exclusive license to use the software (which includes all documentation, content, fonts and computer code, collectively, the “Software”) on the Site only in connection with your use of the Services. Gibi and our licensors retain ownership of the Software itself and reserve all rights not expressly granted to you. You may not and you agree not to, or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provide by the Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Software). You may not rent, lease, lend, sell, redistribute or sublicense the Software.
Gibi, Gibi Technologies, Inc. and the Gibi logo are trademarks of Gibi Technologies, Inc. Google Maps and Android are trademarks of Google. Use of this trademark is subject to Google Permissions. Portions of the Site are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Gibi’s rights or property, or the rights or property of visitors to or users of the Site. Gibi reserves the right at all times to disclose any information that we determine necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that we may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
GIBI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GIBI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GIBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIBI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GIBI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GIBI FOR DISSATISFACTION WITH THE SITE, ANY CONTENT OR ANY SERVICE IS TO STOP USING THE SITE, ANY SUCH CONTENT OR ANY SUCH SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
GIBI DOES NOT GUARANTEE THAT ANY LOST ANIMAL WILL BE FOUND.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
13.2 Limitation of Liability
Except where prohibited by law, in no event will Gibi be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Gibi has been advised of the possibility of such damages.
By using the Site, you agree to indemnify and hold Gibi, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Gibi by any third party due to or arising out of or in connection with your use of the Site.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Mateo County, California, and waive any objection to such jurisdiction or venue.
Any claim or controversy arising out of or relating to the use of this Site, to the goods or services provided by Gibi, or to any acts or omissions for which you may contend Gibi is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in the state and federal courts of San Mateo County, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Gibi. Filing and other non-award costs will be paid for in equal shares by both parties, except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Mateo County, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND GIBI WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. IF THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Gibi’s goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Gibi, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Mateo county, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
All Notices should be sent to firstname.lastname@example.org.