2. Information We Collect
2.1. Categories of Personal Data Collected. We have collected and stored the following Personal Data from or about you over the past 12 months:
|A. Identifiers.||A real name, alias, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.||Yes|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name bank account number, credit card number, debit card number, or any other financial information
Some personal information included in this category may overlap with other categories
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||No|
|D. Commercial information.||Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Yes|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||No|
|F. Internet or other similar network activity||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||Yes|
|G. Geolocation data.||Physical location or movements.||No|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||No|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||No|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||No|
|K. Inferences drawn from other personal information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||Yes|
2.2. When We Collect Personal Data. We collect Personal Data
(a) when you directly provide it to us. This happens when you:
- (i) register or create an account;
- (iii) request assistance from our customer support team;
- (iv) complete contact forms, request newsletters or other information, or participate in contests and surveys;
- (v) make public contributions to the Service (e.g., when you interact with third parties through the Service or post a review); or
- (vi) otherwise participate in activities we promote that require information about
(b) automatically, when you use and interact with the Service. Automatically collected information includes:
- (i) your general activity on the Service;
- (ii) identifiers such as an anonymized session identifier;
- (iii) website or mobile application traffic volume, frequency of visits, and type and time of transactions you initiate through the Service;
- (iv) the type and settings of the device, operating system, and browser used to access the Service; and
(c) From other sources. We may also receive information about you through:
- Sign-In Accounts: If you sign up for Tibles using a third-party service or application or link your account to your account with a third-party service such as Facebook or Google, we may receive information about you from such third-party website. You can control the information that we receive from such third-party website using the privacy and data settings on the third-party’s website.
- Service Providers. We may also receive information about you from our service providers and business partners, including companies that assist with payment processing, analytics, data processing and management (e.g. to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you) account management, hosting, customer and technical support, and other services which we use to personalize your Service experience.
3. How We Use Your Information.
We use information about you for several general purposes, including to:
- (a) operate, maintain, and optimize the Service and your account;
- (b) improve the quality and types of services that we deliver;
- (c) diagnose problems with and identify any security risks, errors, or needed enhancements to the Service;
- (d) respond to questions, comments or other requests and provide you with technical support;
- (e) support the tracking and recovery of your account and/or other products;
- (f) contact you for feedback or conduct research about Tibles’ customer base or Service;
- (g) to provide you with information regarding our products and services;
- (h) process payments and provide you with the services you’ve paid for or requested;
- (i) notify you of technical updates or changes in policy;
- (j) process contests, sweepstakes, or other promotions and fulfill any related awards or discounts;
- (k) understand and analyze how you use our Services and what products and services are most relevant to you. We may provide you with these materials via online social platforms, websites, phone, text/SMS, postal mail, facsimile, or email, as permitted by applicable law;
- (l) collect aggregate statistics about use of the Service
- (m) analyze and develop our marketing strategy; and
- (a) What are Cookies?
Cookies are small text files that are placed on your computer by websites that you visit. These text files can be read by these websites and help to identify you when you return to a website. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser. To find out more about cookies, including how to see what cookies have been set and how to block and delete cookies, please visit http://www.aboutcookies.org/.
- (b) Other Technologies:
- (ii) We use third-party advertising companies to serve advertisements on our behalf. These companies may use a cookie or an action tag to tailor the advertisements you see on our website or mobile application and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising.
- (iii) We use third-party analytics service providers to assist us in collecting and understanding website or mobile application usage information. We use information from these services to help us improve our website mobile application, as well as the services we provide to our users.
- (c) By using the Service, you agree to our use of these tracking technologies.
We may share information about you with the following third parties:
- (b) Other Networks and Connected Apps: If you choose to connect your account to other apps or social networks such as Facebook or Twitter, you will be sharing certain information with these apps or networks. Tibles is not responsible for these other apps or networks, so make sure you only connect your account with apps or services that your trust.
- (c) Business Partners and Affiliates. We may disclose your Personal Data to our business partners and affiliates with whom we have contracted to provide you with products or services that may be of interest to you. For example, your personal information may be shared with business partners with whom we jointly offer products and services. We require our business partners and affiliates to agree in writing to maintain the confidentiality and security of the Personal Data they obtain on our behalf.
- (d) Other Users: Information in reviews you post will be accessible by other users of the Service.
- (e) Corporate Affiliates: We may share information with our corporate affiliates, parents and/or subsidiaries.
- (f) Others With Your Consent: We may ask for your explicit consent to share certain information with third parties.
- (g) Pursuant to an Investigation: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public.
We may also share information about you in the following contexts:
6. Social Media Features and Widgets.
7. “Do Not Track” Signals
- (c) Please note that the Service may contain links to unaffiliated third-party sites. We suggest you read the privacy policies on or applicable to all such third-party services.
- (d) You can adjust your privacy settings by following the appropriate links on our Service or by contacting us. If you receive an email from us, you can unsubscribe at any time by following the instructions provided within those emails.
- (e) To control cookies, you can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. You can also manually delete previously stored cookies at any time. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
- (f) The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/.
- (g) Please note that if you choose to block cookies, doing so may impair the Service or prevent certain elements of it from functioning.
9. Data Retention and Account Termination
You can update or correct personal information (e.g., your email address) by accessing your account. You can also access or rectify your information by reaching out to us at email@example.com. You can delete your information by sending an email to firstname.lastname@example.org with your first name, last name, and the respective email addresses you would like for us to delete.
Please note that we have the right to reject deletion requests that are unduly burdensome or repetitive or that cannot be honored in light of legal obligations or ongoing disputes, or where retention is necessary to enforce our agreements or protect our or another party’s rights, property, safety, or security. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. The time-period for which we keep information varies according to the information’s use. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we plan to retain it for no longer than is necessary to fulfill a legitimate business need. Please also note that even after you have deleted your account, other content associated with your use of the Service may still be accessible and viewable in accordance with applicable law and our Terms of Service.
We may maintain Anonymized Data after you delete your account for analytics purposes.
Our collection of Personal Data is intended to follow the principles of COPPA. We do not knowingly collect Personal Data from children under 13 and we do not enable children under 13 to use the Services. If you become aware that a child has provided us with Personal Data without parental consent, please contact us (see “Contact Information”). If we become aware that a child under 13 has provided us with Personal Data without verifiable parental consent, we take steps to remove such information and terminate the applicable account. Parents may contact us at email@example.com to delete, review, update and/or consent to the collection of their children’s Personal Data if they become aware that their child has used the Services without verifiable parental consent.
We use commercially reasonable efforts to follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect information about you, we cannot guarantee its absolute security.
12. Location of Data and Transfers of Information.
13. EEA Users.
Tibles endeavors to be fully compliant with the General Data Protection Regulation (GDPR). Tibles may act, depending on the circumstances, as either or both a Controller and a Processor of Personal Data (as the terms “Controller” and “Processor” are defined in the GDPR). We act as the Controller of information that we ask you to provide to create an account and information that we automatically collect when you use the Service. We act as the Processor of user-generated content and information provided to us by third parties or other websites.
EEA users have the right to request access to Personal Data, as well as to seek to update, delete or correct their Personal Data. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact us for additional access and assistance.
14. Your Privacy Rights.
14.1 California’s Shine a Light Law. California Civil Code Section § 1798.83 permits California residents that are users of our Service to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org.
14.2 Deletion Rights. As a user of our Service, you may request that delete the Personal Data we have collected from you. Once we receive and confirm your verifiable request in accordance with the procedures described in Section 14.4, we will either: (a) confirm the deletion of your Personal Data and direct any service providers to delete same; or (b) reject the deletion and provide you with the reason for such rejection.
14.3 Access and Data Portability Rights. As a user of our Service, you may request that we provide you with access to Personal Data that we have collected over the past 12 months. Once we receive and confirm your verifiable request in accordance with the procedures described in Section 14.4, we will provide you with the:
- (a) categories of Personal Data we have collected about you;
- (b) categories of sources for the Personal Data we have collected about you;
- (c) business purposes for collecting or selling your Personal Data;
- (d) categories of third parties of which we share your Personal Data; and
- (e) specific pieces of Personal Data collected about you in a readily useable format.
14.4 Exercising Your Rights. If you are a user of our Service and a California resident, you may submit a verifiable consumer request to exercise your rights hereunder pursuant to this Section 14 by emailing us at email@example.com.
15. Details About the Right to Object to Processing.
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by Tibles, you may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether Tibles is processing Personal Data for direct marketing purposes, you may refer to the relevant sections of this document.
17. Contact Information.
If you have any further questions regarding our privacy practices or information about you, please feel free to contact us by email at the following address:Tibles Inc.
154 West 14th Street
New York, NY 10011
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. If you disagree with any part of these Terms and Conditions, please refrain from using our Apps. We may update these Terms and Conditions from time to time, and may condition your continued use of our Apps on your agreeing to those revised terms.
The terms “Tibles”, “us”, “our” or “we” refer to Tibles Inc., a Delaware corporation, and the owner of this App. The term “you” refers to you, as a User of our Apps.
1. The Apps
- 1.1 Eligibility. To access or use the Apps, you must be 17 years or older and have the power and authority to enter into these Terms. If you are 13 or older, but under the age of 17, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms. You agree to have your parent or guardian review and accept these terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of a child over 13, then you agree to agree to and accept full responsibility for that child’s use the Apps, including all financial charges and legal liability that he or she may incur.
- 1.2 Permission to Use the Apps. We grant you permission to use the Apps subject to the restrictions in these Terms. Your use of the Apps is at your own risk.
- 1.3 Apps Availability. The Apps may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2. General Terms
- 2.2 Payment Processors. Charges for purchases on the Apps are processed by our third-party payment processors, Apple Inc., and Stripe Inc., and are subject to their additional terms and conditions.
- 2.3 Responsibility for Your User Account. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Apps. You are responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- 2.4 Using Your Account. You may only use your account for personal, non-commercial purposes. In creating an account, we ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information, use the same account information on other sites, or allow other sites to share information about you with Tibles.
- 2.5 Your Information Is Accurate. You represent and warrant to us that any information you provide to Tibles, including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you register for and use the Apps.
- 2.6 Communications from Tibles. By creating an account, you agree to receive communications we send in connection with the Apps. For example, you may receive occasional updates about special promotions and events. Such communications may be sent in-app or by email, text message, social media or other means. So long as you have an account on either App, we reserve the right to communicate with you for any lawful purpose, including important administrative issues relating to your account (including technical, security-related, privacy and functional issues).
- 2.7 Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Apps (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Apps (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
3. In-App Purchases
- 4.1 General. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Apps, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Apps. “Tibles Content” means Content that we create and make available in connection with the Apps. “Third Party Content” means Content that originates from parties other than Tibles or Users, which is made available in connection with the Apps. “App Content” means all of the Content that is made available in connection with the Apps, including Your Content, User Content, Third-Party Content, and App Content.
- 4.2 Your Content. You retain all of your ownership rights in Your Content. However, we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed (“Other Media”); which use may occur while you are a user or anytime thereafter. Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Apps, Tibles may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal, which Tibles has no control over such caching. By submitting Your Content to Tibles, you hereby grant Tibles a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Apps (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Apps (and derivative works thereof) in any Other Media. You also hereby grant each user of the Apps a non-exclusive license to access Your Content through the Apps, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Apps and under these Terms. You irrevocably waive, and cause to be waived, against Tibles and users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.
- 4.3 Tibles Content. As between you and us, we own the Tibles Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Apps excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Tibles Content and the Apps, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Tibles Content or the Third Party Content in whole or in part except as expressly authorized by us.
- 4.4 Trademarks. “Tibles”, and all other names, phrases, logos, and icons identifying Tibles and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Tibles and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned in the Apps, such as any names, phrases, logos or icons identifying Dr. Seuss or its related brands, may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Tibles is strictly prohibited, and nothing stated or implied on the Apps confers on you any license or right under any trademark of Tibles or any third party.
5. Billing and Payment
- 5.1 Pricing. All prices are shown in U.S. dollars (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
- 5.2 Taxation. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Apps (including, without limitation, any Taxes that may become payable as the result of your financial transactions on the Apps.
- 5.3 Errors. We attempt to be as accurate as possible and eliminate errors on the Apps; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Apps, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
- 5.4 Payment. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Apps) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding your account, you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
6.1 Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
- (a) Violate these Terms and Conditions;
- (b) Reverse engineer any portion of the Apps;
- (c) Attempt to gain unauthorized access to the Apps, user accounts, computer systems or networks connected to the Apps through hacking, password mining or any other means;
- (d) Use any device, software or routine that interferes with the proper working of the Apps, or otherwise attempt to interfere with the proper working of the Apps;
- (e) Use the Apps to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Apps or App Content; or
- (f) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Apps, features that prevent or restrict the use or copying of App Content, or features that enforce limitations on the use of the Apps.
- 6.2 Termination of Use; Discontinuation and Modification of the Service. We may terminate your user account on either App or suspend or terminate your access to the Apps at any time, with or without notice, if you violate any of these Terms, as determined in our sole discretion. We also reserve the right to modify or discontinue the Apps at any time (including, without limitation, by limiting or discontinuing certain features of the Apps) without notice to you. We will have no liability whatsoever on account of any change to the Apps or any suspension or termination of your access to or use of the Apps. Upon termination of your access to or use of the Apps, you will lose all accumulated points and future rewards.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Tibles and its users any claims and assertions of any moral rights contained in such Feedback.
8. Third Parties
- 8.1 Linked Sites. The Apps may include links or access to other websites or services (“Linked Sites”) solely as a convenience to users. Tibles does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Tibles makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- 8.2 Your Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Apps are solely between you and such advertiser. YOU AGREE THAT TIBLES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE APPS, INCLUDING ADVERTISERS WHO ARE REVIEWED OR OTHERWISE FEATURED ON THE APPS.
9. Electronic Signatures and Agreements
- 9.1 You Are Entering Into a Binding Contract. You acknowledge and agree that by clicking on buttons or boxes labeled “I AGREE …”, “I CONSENT …”, “DOWNLOAD”, “I ACCEPT …” or such similar links as may be designated by Tibles to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.
10. Warranty Disclaimer
- 10.1 NO WARRANTY. THE APPS ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE APPS IS AT YOUR OWN DISCRETION AND RISK. TIBLES MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE APPS, ITS SAFETY OR SECURITY, OR THE APP CONTENT. ACCORDINGLY, TIBLES IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE APPS’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
- 10.2 Third Parties. TIBLES IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER. TIBLES MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING OUR INFORMATION SHARING PARTNERS OR ANY BUSINESSES OR ADVERTISER LISTED ON THE APPS. ACCORDINGLY, TIBLES IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION.
- 10.3 Disclaimer of Warranties. TIBLES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF TIBLES SHALL CREATE A REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, TIBLES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE APPS AND ANY DOWNLOADABLE SOFTWARE, CONTENT OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPS AND ANY DOWNLOADABLE SOFTWARE, CONTENT OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPS OR THE SERVER THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE APPS AND ANY DOWNLOADABLE SOFTWARE, CONTENT OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE APPS IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
- 10.4 Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APPS, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE APPS.
- 10.5 Disclaimer. TIBLES DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
11. Limitation of Liability
- 11.1 No Liability. Neither Tibles nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of our Apps or Content. If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of our Apps or Content shall be limited to $100.
- 11.2 Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys’ fees (“Claims”), that arise from your breach of these Terms or your use or misuse of our Apps or Tibles Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
- 13.2 Losing Rights to the Apps. We may close your account, suspend your ability to use certain portions of the Apps, and/or ban you altogether from the Apps for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Apps, or any other related information.
- 13.3 Terms Continue After Termination. In the event of any termination of these Terms, whether by you or us, these Terms will continue in full force and effect.
- 14.1 Governing Law. You agree that these Terms or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Tibles arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Apps, Tibles’ advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of New York, without regard to its conflicts of laws rules. Subject to Section 13.2, the state and federal courts in New York County, New York shall have exclusive jurisdiction over any Claim (as defined below).
- 14.2 Binding Arbitration – Class Action Waiver. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Tibles, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Tibles”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), the Apps, Tibles' advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the Consumer Arbitration rules then in effect (available at http://www.adrservices.com/wp-content/uploads/2017/04/ADR-ARBITRATION-RULES-Final-Version-4-11-17.pdf or by calling the AAA at 1-800-778-7879), or any other established alternative dispute resolution provider mutually agreed upon by you and Tibles. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be limited solely to the dispute between you and Tibles. Neither you nor Tibles shall be entitled to join or consolidate Claims by or against other customers or arbitrate any Claim as a representative or class action or in a private Attorney General capacity. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on you and Tibles and may be entered as a judgment in any court of competent jurisdiction. You and Tibles shall pay your and its own costs and attorneys' fees. However, if you or Tibles prevails on a statutory Claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Arbitration shall take place in New York County, New York.
- 14.3 Limitations of Actions. Any Claim must be brought within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred.
- 15.1 Modification of Terms. These terms may be modified by Tibles from time to time in its sole discretion, and, if you have a registered account, you will be notified of any material modifications upon your subsequent login to the Apps.
- 15.2 Continuity of Apps. We reserve the right to modify, update, or discontinue the Apps at our sole discretion, at any time, for any or no reason, and without notice or liability.
- 15.3 Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Apps, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- 15.4 Waiver. Any failure on Tibles’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- 15.5 Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- 15.6 Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Tibles’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- 15.7 Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
15.8 Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Apps infringes your copyright, please send (or have your agent send) to Company’s Copyright Agent (as defined below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Apps (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows:Copyright Agent
154 West 14th Street
New York, NY 10011
Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at: firstname.lastname@example.org. Company reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Apps.
- 15.9 Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Apps, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
15.10 Notices. Except as explicitly stated otherwise, legal notices will be served, with respect to Tibles, and, with respect to you, to the email address you provide to Tibles during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing. Notices to Tibles concerning these Terms should be sent to:Tibles Inc.
154 West 14th Street
New York, NY 10011
- 15.11 Effective Date; Last Update. This Terms and Conditions document is effective as of, and was last modified on, August 10, 2021