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.
By continuing to browse or use any one of our mobile applications, including Seussibles (individually, an “App” and together, the “Apps”), you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms and Conditions” or “Terms”), which together with our Privacy Policy govern Tibles relationship with you in relation to the Apps.
For purposes of these Terms, “Coins” means any in-app virtual currency, credits or similar digital balances, excluding “TIBL Tokens,” that we may make available from time to time for use solely within the Apps.
The Apps
- 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 of the Apps, including all financial charges and legal liability that he or she may incur. We comply with the Children's Online Privacy Protection Act (COPPA) and do not knowingly collect personal information from children under 13.
- 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.
- Apps Availability. The Apps may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
General Terms
- Privacy Policy. We care about your privacy. You can read our Privacy Policy here https://tibles.com/policy. Our Privacy Policy is a part of these Terms and Conditions and incorporated herein by reference.
- Payment Processors. Charges for purchases on the Apps (including, without limitation, purchases of Coins and any other in-app purchases) are processed by our third-party payment processors, Apple Inc., and Stripe Inc., and are subject to their additional terms and conditions.
- 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.
- 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.
- 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.
- 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).
- 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.
In-App Purchases; Coins
- In-App Purchases. The Apps may provide for certain additional content and features available through in-app purchases. If you make an in-app purchase of Third Party Content (as defined below), you shall receive a limited, revocable, non-exclusive, worldwide, transferrable, non-sublicensable, fully-paid license to access, use, display and publish the Third Party Content solely in connection with your use of the Apps and solely while using the Apps, provided that you are a user in good standing and are in compliance with these Terms. Your access to Third Party Content may be revoked at any time by its owner or by us if you fail to adhere to these Terms or the Privacy Policy.
- Coins – Nature of Coins. The Apps may also allow you to purchase or otherwise obtain Coins. Coins are a form of in-app virtual currency that may be used solely within the Apps to access certain features, obtain certain digital items or content, or participate in experiences that we make available from time to time. Coins have no cash value, are not legal tender, are not redeemable for any sum of money or monetary value from us or any third party, and may not be used outside of the Apps.
- Coins – License Only. When you obtain Coins (whether through purchase, promotional grant, or otherwise), you receive a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use those Coins solely within the Apps and solely for their intended purposes, subject to these Terms. You do not acquire any ownership interest in Coins, the Apps, or any related intellectual property.
- Coins – No Transfers or Resale. Unless we expressly permit it within the Apps, you may not sell, lease, rent, trade, gift, transfer, or otherwise exchange Coins for: (a) cash or any other currency (including cryptocurrency); (b) any items or value outside the Apps; or (c) any items or value within the Apps except as expressly enabled by features we provide. Any attempted transfer or sale of Coins in violation of these Terms is void and may result in suspension or termination of your account, revocation of Coins, and other remedies as described in these Terms.
- Coins – No Refunds. Except where required by applicable law or by the applicable platform provider (for example, Apple or Google), all purchases of Coins are final and non-refundable. We do not provide refunds or credits for any unused Coins, including without limitation when your account is closed, suspended, or otherwise terminated, or when any part of the Apps is modified or discontinued.
- Coins – Changes, Errors and Adjustments. We reserve the right to: (a) modify the ways in which Coins can be obtained, used, or redeemed; (b) set expiration dates or other usage conditions for Coins; and (c) correct the balance of Coins in your account where we reasonably believe an error, bug, or unauthorized activity has occurred. We will have no liability for exercising these rights, and no refunds or compensation will be provided for any Coins affected, except where required by applicable law.
Content
- 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.
- 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.
- 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.
- 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.
NFT Redemption for Physical Items
- Right to Redeem. If you hold an NFT that is redeemable for a physical item (“Redeemable NFT”), you may request shipment of the applicable item by following the specified redemption process. Upon redemption, the NFT will be burned (or otherwise rendered non-transferable), and you will acquire title to the physical item, which will then be shipped as per Section 5.4.
- Mandatory Redemption. We reserve the right, at our sole discretion, to require redemption of any Redeemable NFT at any time. We may (but are not required to) notify you, and if provided, require you to complete redemption—including identity verification and payment of all applicable fees—within 30 days. If redemption is not completed within that timeframe, we may revoke redemption rights or take other actions as permitted by these Terms.
- Fees & Taxes. Redemption is subject to applicable fees—such as shipping, handling, customs duties, and local taxes—based on your shipping destination and the item's value. We may update these fees from time to time; the current schedule will be posted on our platform.
- Shipping & Delivery. Upon processing redemption, we will ship the item to the address you provide, via a carrier of our choice, and provide tracking where possible. Delivery timing can vary due to carrier, customs, or other logistical factors.
- NFT Status & Custody. Until redemption is complete and the NFT is rendered non-transferable, we retain custody of the physical item. Redemption is valid only if the NFT is current and uncompromised. After shipment, we are not responsible for the item.
- Regulatory Compliance. Redemption may require identity verification (e.g., KYC). If you fail to verify as required, we may delay or deny redemption.
- Termination & Insolvency Protections. If we decide, in our sole discretion, to dissolve, suspend custodial services, or become subject to bankruptcy, liquidation, or similar proceedings, we will use commercially reasonable efforts to provide notice to NFT holders. Notice may include:
- communication to any contact information on file (if available);
- public announcement on our website or Service;
- announcement via our official social media or other public channels.
- ship the item to your last known address at your expense;
- transfer custody to a third-party storage provider;
- liquidate the item and remit net proceeds (after deducting costs) to the most recently recorded NFT holder, if reasonably possible.
- Liability Disclaimer. Except as prohibited by applicable law, we are not liable for loss, damage, or delay in delivering the redeemed item—such as transit loss, customs delays, or misdelivery—unless caused by gross negligence or willful misconduct.
Billing and Payment
- 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.
- 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, including purchases of Coins).
- 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.
- 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, including any Coins you purchase) 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. For clarity, except where required by applicable law or the applicable platform provider, purchases of Coins are final and non-refundable.
Usage
- Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
- Violate these Terms and Conditions;
- Reverse engineer any portion of the Apps;
- 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;
- 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;
- 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
- 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.
In addition, you agree not to, and will not assist, encourage, or enable others to:- Generate, acquire, or alter Coins through any means not expressly authorized by us, including by using any automated script, bot, exploit, or other unauthorized tool or technique; or
- Sell, lease, rent, trade, gift, transfer, or otherwise exchange Coins for cash, cryptocurrency, or any other items or value outside the Apps, or in any manner not expressly permitted by features we make available.
- 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, Coins, and future rewards.
- Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
Feedback
- 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.
Third Parties
- 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.
- 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.
Electronic Signatures and Agreements
- 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.
Warranty Disclaimer
- 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.
- 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.
- 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.
- 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.
- 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.
Limitation of Liability
- 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.
- 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.
Indemnification
- 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.
Termination
- Closing Your Account. You may terminate your account by emailing us at admin@tibles.com or by following the appropriate links on our Apps. Please review our Privacy Policy for information about the effect of account termination on our use of the data we have collected from you. Please keep in mind that it may take up to ten business days to complete the termination of your account.
- 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.
- 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.
Disputes
- 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).
- 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.
- 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.
Miscellaneous
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
- 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
Tibles Inc.
420 Carroll Street, Suite 2
Brooklyn, NY 11215
Attn: Legal.
Company's Copyright Agent for notification of claimed infringement can also be reached electronically at: admin@tibles.com. Company reserves the right to terminate infringers' and suspected infringers' accounts or their access to or use of the Apps. - 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.
- 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 a 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.
420 Carroll Street, Suite 2
Brooklyn, NY 11215
Attn: Legal. - Effective Date; Last Update. This Terms and Conditions document is effective as of, and was last modified on, December 3, 2025.
