GibberIt Terms of Service
Red King LLC, a Delaware limited liability company, (“GibberIt
”, or “we
”) provides services enabling encrypted communications between its users (the “Services
”) through the GibberIt sites, including but not limited to https://www.gibberit.com
, as well as our mobile sites, native apps and browser extensions
This Terms of Service Agreement (“Agreement
which is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for your use of the Sites (you and GibberIt are sometimes referred to together as the “Parties
” and each as a “Party
Certain features and services offered through the sites require affirmatively consenting to additional terms and conditions (the “Additional Services
”) available within the End User License Agreements (“EULAs
”) that Users are required to agree to before their use of those Additional Services. The EULAs are available on the respective sign-up pages for the Additional Services and within the Additional Services themselves. This Agreement applies to the Additional Services except as otherwise expressly stated in any applicable EULA. If this Agreement conflicts with any provision of any EULA, the EULA shall control.
Please read this Agreement carefully before using the Sites or parts thereof. This Agreement is a legally binding agreement between you (the individual using the Sites, not on behalf of any Company for which they are used) and GibberIt.
By accessing and using the Sites you agree to and will comply with and be bound by this Agreement including all of its terms and conditions. GibberIt reserves the right to change, update or modify this Agreement at any time without prior notice. As a result, you should review this Agreement every time you use any of the Sites. If you do not agree to the terms of this Agreement, you may not use the Sites.
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“Content” means any work of authorship or information, including, comments, opinions, postings, messages, text, files, images, photos, e-mail, or other materials.
“User” means any visitor to or user of the Sites or Additional Services.
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Term and Termination
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Ownership and Use of Sites
Your Grant and Use of the Sites Generally
. We do not claim ownership in any content that you upload, provide, make available, or otherwise transfer (“post
”) on the Sites, but to be able to legally provide our Users with the Sites, we have to have certain rights to use such Content in connection with the Sites, as set forth below. In return, we also grant you certain use rights, as set forth in the section entitled GibberIt Content,
to the Content that we (or our licensors) own and use to provide the Sites to you and other Users. By posting any Content on the Sites, you hereby grant to us an unrestricted, worldwide, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world.
. The Sites contain Content provided by us and our licensors (“GibberIt Content
”). We and our licensors own and retain all proprietary rights in the GibberIt Content and we own and retain all property rights in the Sites. Provided you are a User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print GibberIt Content from the Sites solely for your personal use in connection with your use of the Sites. Nothing in this Agreement does nor shall be interpreted to grant any licenses in any GibberIt Content aside from those expressly granted herein.
Content from Users
. Content from other Users, advertisers, and other third parties is made available to you through the Sites. Because we do not control such Content, (a) we are not responsible for any such Content, including advertising and information about third party products or service, (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content and (c) we assume no responsibility and waive any and all liability arising from or related to unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
. Your interactions with other Users on the Sites or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or advertiser. You acknowledge that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Sites. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users. You are solely responsible for any Content you post to the Sites and for the accuracy of such Content. GibberIt takes no responsibility, assumes no liability and disclaims any such liability for any Content posted by you or any third party.
GibberIt User Interaction
. You agree that you will not use any information obtained from the Sites in order to harass, abuse, or harm another person, and will not use any information obtained from the Sites to contact, advertise to, solicit, or sell information obtained from the Sites to any User without their prior explicit consent.
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Acceptable Use and Prohibited Conduct
You are solely responsible for any and all Content that you post to the Sites and for your interactions with other Users.
. You agree that you will not post any Prohibited Content or use any Prohibited Content in connection with the Sites. “Prohibited Content
” is Content that:
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
- bullies, harasses or advocates stalking, bullying, or harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming”;
- is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes, copies, performs or distributes an illegal or unauthorized copy of another party or person's intellectual property, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
- is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or other harmful code;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
- except as expressly approved by us, involves, promotes or solicits for commercial activities provided by yours or of a third party;
- promotes contests, sweepstakes, barters, advertising, or pyramid schemes;
- contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
- contains information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party; or
- otherwise violates the terms of this Agreement or exposes GibberIt to liability.
You agree that you will not:
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User Representations and Enforcement
- reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Sites or the GibberIt Content;
- rent, lease, loan, or sell access to the Sites;
- cover or obscure any banner advertisements on the Sites, or any GibberIt page via HTML/CSS, scripting, or any other means;
- introduce software or automated agents to the Sites, or access the Sites so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Sites;
- interfere with, disrupt, or modify any data or functionality of the Sites;
- use the Sites to solicit the performance of any illegal activity or other activity which infringes, misappropriates or otherwise violates the rights of GibberIt or others;
- use the Sites in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Sites;
- attempt to gain unauthorized access to the Sites or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means;
- obtain or attempt to obtain any materials or information not intentionally made available to you through the Sites;
- not frame the Sites or any portion thereof without the prior written consent of GibberIt;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or reverse-engineer or use any similar and/or manual process, to access, acquire, catalog, store, reproduce, distribute or monitor any portion of the Sites, or in any way reproduce or circumvent the navigational structure or presentation of the Sites;
- take any action to interfere with, or disrupt the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under this Agreement;
- mislead GibberIt or third parties as to the origin of any Content that you or another person posts to the Sites;
- impersonate another User or person, including any of our employees or use a false identity or use a false e-mail address when creating an Account; or
- remove any copyright, trademark or other intellectual property right notices contained in the Sites.
You represent and warrant that:
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- all information you provide to us, through the Sites or otherwise, is truthful and accurate;
- you will maintain the accuracy of such information;
- you are eighteen (18) years of age or older;
- your use of the Sites is not and will not be defamatory, libelous or infringe the intellectual property rights, including but not limited to trademarks, copyrights patents, trade secrets, publicity rights, privacy rights, and moral rights, of any third party;
- you have the right to post your Content without seeking the permission of a third party, or, if such permission is necessary, you have obtained it;
- you own the Content posted by you on the Sites or otherwise have the right to grant the licenses set forth in this Agreement; and
- your use of the Sites, including providing or posting your Content, does not and will not violate any applicable law, order or regulation, or any other obligation (including any contractual obligations) you might have towards third parties or imposed upon you by law, contract or otherwise.
. You will use the Sites in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Sites are for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice.
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Enforcement by GibberIt.
. We have the right (but not the obligation) to review any Content and delete or takedown any Content that in our sole discretion violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for GibberIt or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Sites, suspending your rights to use the Sites, reporting you to law enforcement authorities and/or taking legal action against you. You are solely responsible for creating backup copies of and replacing any Content you post on the Sites at your sole cost and expense.
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Third Party Websites
The Sites may contain links to third-party websites (“Third-Party Websites
do not govern any activity outside of the Sites. We are not responsible for the content, security, availability, accuracy or practices of the Third-Party Website and expressly disclaim any responsibility for malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in such links or Third-Party Websites. You assume all risk and responsibility if you click on or follow a link on the Sites which leads you away from the Sites.
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Disclaimer of Warranties
GIBBERIT ENDEAVORS TO SECURE THE SITES BY UTILIZING COMMERCIALLY REASONABLE SECURITY PRACTICES, BUT IT CANNOT GUARANTEE THAT THE SITES WILL BE ERROR-FREE OR COMPLETELY SECURE. THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY GIBBERIT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GIBBERIT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SITES AT ANY TIME OF YOUR CHOOSING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF GIBBERIT NOR ANY OF ITS EMPLOYEES, OWNERS, MEMBERS, MANAGERS, DIRECTORS PARTNERS, SPOKESPERSONS, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, LICENSORS, SUCCESSORS OR ASSIGNS, OR THE PREDECESSORS AND SUCCESSORS TO EACH OF THE FOREGOING (TOGETHER AS THE “GIBBERIT PARTIES”), MAKE ANY WARRANTIES OF ANY KIND AND DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, WARRANTIES THAT THE SITES ARE COMPLETELY SECURE, ERROR-FREE OR THE INFORMATION OR CONTENT CONTAINED THEREON ACCURATE, OR WARRANTIES OF NON-INTERRUPTION, NON-INTERFERENCE OR NON-INFRINGEMENT, UNLESS OTHERWISE EXPRESSLY MADE HEREIN. GIBBERIT IS NOT RESPONSIBLE FOR ANY OF THE ACTIONS OR OMISSIONS OF ITS USERS, INCLUDING THE CONTENT OF THEIR POSTS TO THE SITES. GIBBERIT RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS TO THE SITES OR SERVICES AT ANY TIME WITHOUT CAUSE OR NOTICE.
You acknowledge that access to the Sites will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, "carrier lines") owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond GibberIt’s control. GibberIt assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
GibberIt takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in the communication lines, the internet or your internet service provider ("isp"), computer hardware or software, or any other service or device that you use to access the Sites.
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Limitation of Liability
To the extent permitted by applicable law and notwithstanding anything in this Agreement to the contrary or any failure of essential purpose of any limited remedy, GIBBERIT shall not be liable for any indirect, exemplary, special, incidental or consequential damages of any kind, INCLUDING any damages resulting from loss or interruption of business or lost profits, LOSS OF USE, REPUTATIONAL HARM, OR LOSS OF DATA arising out of or relating to this Agreement or the subject matter hereof, however caused, even if GIBBERIT has been advised of or should have known of the possibility of such damages.
Except as expressly required or warranted under this Agreement and if, and to the extent, permitted by law, in no event will GibberIt be liable for failing to provide the Sites under any theory of liability, whether in contract, tort, strict liability or otherwise.
GibberIt disclaims any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the Sites. You expressly acknowledge that your use of the Sites is at your sole risk.
Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of the Sites or (for any cause whatsoever and regardless of the form of the action), will at all times be limited to one hundred U.S. dollars ($100).
Because some jurisdictions do not allow the exclusion or limitation of certain warranties, conditions or categories of damages, certain of the above exclusions or limitations may not apply to you. In such jurisdictions, GibberIt’s warranties, conditions and liability are limited to the fullest extent permitted by law.
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You agree to indemnify, defend, and hold harmless each of the GibberIt Parties from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) your use or misuse of the Sites; (b) any breach by you of any representations, warranties, covenants or agreements contained in this Agreement; (c) the actions of any person gaining access to the Sites under a user ID or account assigned to or created by you; (d) the actions of anyone using a user ID or account, password or other unique identifier assigned to you that adversely affects the Sites or any information accessed through the system, including but not limited to a security breach; and (e) your actions in violation of law or any other negligent or willful misconduct.
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You acknowledge that, pursuant to the Digital Millennium Copyright Act (“DMCA”), GibberIt may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion of information or other Content which you provide in or on our Sites violates the notifying party’s or parties’ copyrights. In so doing, GibberIt may elect to remove (or require you to remove) such allegedly infringing information from the Sites and/or GibberIt systems unless you object to the allegation of infringement, in which case GibberIt in its sole discretion, pursuant to the DMCA, may elect to maintain or restore the allegedly infringing information to the Sites and/or GibberIt systems pending the outcome of any litigation or dispute which may be instituted regarding the alleged infringement. You will cooperate fully with GibberIt to assure compliance with the DMCA upon receipt by GibberIt of any “take-down” notice issued by any third party, and in so doing, to promptly inform GibberIt whether you object to any such “take-down” notice and, if so, whether you will institute litigation, arbitration or other legal process to challenge the allegations of copyright infringement.
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Notice and Procedure for Making Claims of Copyright Infringement
GibberIt respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GibberIt’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work or works that you claim have been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GibberIt’s Copyright Agent for notice of claims of copyright infringement on the GibberIt’s Sites can be reached as follows:
Red King LLC
c/o Barton LLP
420 Lexington Avenue
New York, NY 10170
ATTN: GibberIt DMCA Copyright Agent
Email notifications may be sent to: email@example.com
Please note that this procedure is exclusively for notifying GibberIt and its subsidiaries that your copyrighted material has been infringed on the Sites.
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Governing Law, Arbitration and Waiver of Class Action
This Agreement shall be governed by the internal laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. For any disputes not subject to the arbitration provisions below, you will to submit to the personal jurisdiction of the state and federal courts located within New York County.
By entering into this agreement, you and GibberIt are each waiving the right to trial by jury or to participate in a class action lawsuit.
Each party hereby waives trial by jury to the fullest allowable extent of the law for any such claim or dispute arising from or related to this Agreement or the use of the Sites. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration on an individual basis. The arbitration shall be initiated through an established alternative dispute resolution provider mutually chosen within the sole discretion of GibberIt. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered by any tribunal of competent jurisdiction. You hereby affirmatively consent to the dispute resolution and arbitration process described herein and waive all defenses or objections thereto, whether based on personal jurisdiction, forum, venue, service, or otherwise. Any and all personal appearances related to arbitration will take place in New York County, New York. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or in response or anticipation to any of your breaches of this Agreement in any court of competent jurisdiction. GibberIt shall not be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any injunctive or other equitable remedy referred to in this section and you irrevocably waive any right you may have to require the obtaining, furnishing or posting of any such bond or similar instrument.
YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING AND ACCEPTING THIS TERM, YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST GIBBERIT.
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. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
. To the maximum extent permitted by applicable law, you hereby release each of the GibberIt Parties from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from (i) the actions and omissions of other Users (including related to or arising from the Content of any posts) and Third Party Sites or (ii) any of your interactions with other Users and Third Party Sites.
. This Agreement constitutes the entire agreement between you and us regarding the use of the Sites. No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word “including” means “including but not limited to”. Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense. If any provision of this Agreement shall for any reason be held to be void, voidable or unenforceable, then the remainder of this Agreement shall not be affected thereby, and shall remain in full force and effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, administrators, executors, successors and assigns. You may not assign this Agreement without the prior written consent of GibberIt. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements with respect to the subject matter hereof. This Agreement shall not be construed as creating a joint venture or other business relationship.
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Contact and Copyright
Please contact us with any questions regarding this Agreement by e-mailing us at firstname.lastname@example.org
. Copyright © 2015-2018, Red King LLC. All rights reserved. GibberIt™ and CipherSimple™ are trademarks of Red King LLC. The trademarks, logos and service marks (“Marks
”) displayed on the Sites and the Additional Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party who owns the Mark.
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