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.
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.
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.
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 firstname.lastname@example.org 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.
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.
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:
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.
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.
Disclaimers; Limitation of Liability
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
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"):
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.
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.
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.
Third Party Copyrights and Other Rights Copyright Policy
Jarbik respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Service do not infringe any third party copyright.
Jarbik will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Jarbik may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
You may submit this information via:
If you believe that your material has been removed by mistake or misidentification, please provide Jarbik with a written counter-notification containing the following information:
You may submit this information via:
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Jarbik's Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Jarbik's Copyright Agent:
Attn: Copyright Agent
2021 L ST NW STE 101-220
Washington, DC 20037
You may send non-copyright complaints to:
2021 L ST NW STE 101-220
Washington, DC 20037
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 email@example.com or the following address:
2021 L ST NW STE 101-220
Washington, DC 20037
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.