Terms of Service

Last updated: August 2, 2017

Jarbik, LLC ("Jarbik" "we," or "us") operates the Jarbik mobile app and related website ("the Service"). By using or downloading the Service in any way, you accept these Terms of Service ("Agreement"). If you do not agree to all of the terms and conditions of this Agreement, do not use or access The Service.

Contents

  1. Who May Use The Service
  2. License to Use The Service
  3. Registration
  4. Privacy
  5. Licenses Granted by You
  6. Code of Conduct; Prohibited Activities
  7. Term and Termination; Account Deletion
  8. Disclaimers; Limitation of Liability
  9. Content Restrictions
  10. Your Representations and Warranties
  11. Indemnification
  12. Third Party Copyrights and Other Rights
  13. General Provisions
  1. Who May Use The Service

    You must be at least 13 years old to use The Service. Use is void where prohibited. By using The Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

  2. License to Use The Service

    Jarbik, LLC grants you a limited, non-exclusive license to download, access and use The Service for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

    Except as expressly permitted by Jarbik in writing, you may not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service. Nor will you take any measures to interfere with or damage the Service. Unless otherwise indicated, the Service, including logos, designs, texts, graphics, pictures, data, software, and other files are the property of Jarbik, its licensors, or users, and are protected by law. All rights not expressly granted by Jarbik are reserved.

  3. Registration

    To use the Service, you must register an account with your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Jarbik users. In order to register, you will be asked to sign-in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, including information about your Facebook friends who might be common Facebook friends with other Jarbik users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Jarbik users in your network or geolocation.

    You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Jarbik at contact@jarbik.com of any unauthorized use of your account, or any other breach of security. Jarbik is not liable for any loss or damage arising from your failure to protect your username or password.

  4. Privacy

    Your privacy rights are set forth in our Privacy Policy (Privacy Policy), which forms a part of this Agreement. Please review the Privacy Policy to learn about:

    • What information we may collect about you
    • How we use that information
    • What information, if any, you are agreeing to share with third parties when you use the Service; and
    • With whom we share that information
  5. Licenses Granted by You

    You grant Jarbik and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Jarbik on improving or adding new features to the Service, Jarbik shall have the right to use your suggestions in any manner and for any purpose, without any compensation to you.

  6. Code of Conduct; Prohibited Activities

    In using the Service, you must behave in a civil and respectful manner at all times. When using the Service, you will not:

    • Harass or stalk any other person;
    • Harm or exploit others;
    • Act in a deceptive manner by, among other things, impersonating any person;
    • Collect information about others;
    • You will not express or imply that any statements you make are endorsed by Jarbik without our specific prior written consent.
    • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
    • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
    • You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site.
    • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

    Jarbik does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any user content posted on the Service. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, remove, or move user content posted on the Service. Jarbik has no obligation to retain or provide you with copies of your user content, nor does Jarbik guarantee any confidentiality with respect to your user content. Jarbik has the right (but not the obligation), at our sole discretion, to refuse to publish, remove, or block access to any user content, at any time and for any reason, with or without notice.

  7. Term and Termination; Account Deletion

    This Agreement begins on the date you first use the Service and continues until terminated in accordance with the provisions hereof.

    Jarbik may suspend, disable, or delete your account (or any part thereof) if Jarbik determines, in its sole discretion, that you have violated any provision of this Agreement or that your conduct or content would tend to damage Jarbik's reputation or goodwill. If Jarbik deletes your account for any of the foregoing reasons, you may not re-register under a different name.

    Upon termination of this Agreement, all licenses granted by Jarbik will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Jarbik shall not be responsible for the loss of any such content.

  8. Disclaimers; Limitation of Liability

    • THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. POLITICAL SOCIAL MEDIA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POLITICAL SOCIAL MEDIA DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE, CONTENT, OR THE SERVERS THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, POLITICAL SOCIAL MEDIA IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE, OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
    • IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICE.
    • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SERVICE USERS. POLITICAL SOCIAL MEDIA DOES NOT ATTEMPT TO VERIFY THE TRUTH OR ACCURACY OF STATEMENTS OF ITS USERS. POLITICAL SOCIAL MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER.
    • IN NO EVENT SHALL POLITICAL SOCIAL MEDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
    • Jarbik reserves the right to modify, suspend or terminate the Service at any time. You are responsible for providing your own access to Jarbik. Jarbik has no obligation to screen or monitor any content on or available through the Service, and does not guarantee that any content available on the Service complies with this Agreement or is suitable for all users.

    To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.

    Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL POLITICAL SOCIAL MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. POLITICAL SOCIAL MEDIA’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICE OR ANY CONTENT IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO POLITICAL SOCIAL MEDIA IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

  9. Content Restrictions

    You are solely responsible for the content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Jarbik or to any other user. If information provided to Jarbik, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, "submit"):

    • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
    • contains sexually explicit content;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    • infringes any third party's copyrights or other rights (e.g., copyright, trademark, privacy or publicity rights, etc.);

    Your use of the Service, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations.

    To the extent you include in your public profile or elsewhere on any public area of the Service, or otherwise provide to any other Member, any telephone numbers, street addresses, last names, URLs, email addresses, or other information from which you may be identified and/or located, you do so at your own risk and you acknowledge and agree that we shall have no liability or obligation with respect to any third party use of the same.

  10. Your Representations and Warranties

    For any and all content that you submit, you represent and warrant that: (i) you have the right to submit the content to the Service and grant the licenses set forth above; (ii) Jarbik will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

  11. Indemnification

    You will indemnify, defend, and hold harmless Jarbik and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your use of and activities on the Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to the Service violates any law or infringes any third party right, including any intellectual property or privacy right.

  12. General Provisions

    GOVERNING LAW: This Agreement shall be governed by the laws of the State of Virginia, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

    DISPUTES: Any action arising out of or relating to this Agreement or your use of the Service must be commenced in the state or federal courts located in Arlington, Virginia, United States of America (and you consent to the jurisdiction of those courts). In any such action, Jarbik and you irrevocably waive any right to a trial by jury.

    INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Jarbik in exercising any right hereunder will waive any further exercise of that right. Jarbik's rights and remedies hereunder are cumulative and not exclusive.

    SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall insure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Jarbik's prior written consent. No third party shall have any rights hereunder.

    NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Jarbik electronically. Jarbik may provide all such communications by email or by posting them on the Service. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at contact@jarbik.com or the following address:

    Jarbik, LLC
    Legal Department
    2021 L ST NW STE 101-220
    Washington, DC 20037
    United States

    Nothing herein shall limit Jarbik's right to object to subpoenas, claims, or other demands.

    MODIFICATION; ENTIRE AGREEMENT:

    The terms of this Agreement may be modified at any time, for any reason, and at our sole discretion. You should review this Agreement periodically to be aware of and understand any changes. A revised version of this Agreement will be effective as of the date it is posted. Notwithstanding the foregoing, in the event we make a material change to this Agreement, we will provide you with notice of such change by posting a notice on our website, after which your access and use of the Service shall be subject to the updated version of this Agreement. This Agreement constitutes the entire understanding between Jarbik and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

END OF DOCUMENT.