By accessing the Giverb App (referred to in the remainder of these Terms and Conditions of Use as “app”), the Giverb website (referred to in the remainder of these Terms and Conditions of Use as “website”), and the Giverb browser extension (referred to in the remainder of these Terms and Conditions of Use as “extension”), all three of which referred to in the remainder of these Terms and Conditions of Use as Giverb ’s “Products,” you are agreeing to be bound by these Terms and Conditions of Use and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Giverb App, website or browser extension.
The materials contained in the Products are protected by applicable copyright and trade mark law. You must be at least 18 years of age to use the Products. By using the Products and by agreeing to these terms and conditions you attest that you are at least 18 years of age.
You agree to accept responsibility for any and all activities that occur under your Giverb account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Giverb reserves the right to terminate accounts for any reason.
Terms & Conditions
Under these Terms and Conditions, you may:
Temporarily download one copy of the materials (information or software) on Giverb ’s app, website or browser extension for personal, non-commercial transitory viewing only.
Share links to Giverb App, website or browser extension pages on your personal or business social media pages.
The above is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials (other than as expressed above in a. above);
use the materials for any commercial purpose, or for any public display, other than posting links to personal social media pages (commercial or non-commercial) without written permission from Giverb ;
attempt to decompile or reverse engineer any software contained on Giverb ’s website, extension or mobile application;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Giverb at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
On the Giverb App and website you can post, link, store, share or otherwise make available (“post”) certain information, or on your personal or business social media platforms via automatic posting tools in the app or website. This material (“your content”) may include text, photos, videos, audio recordings, ratings of businesses, favorite or recommended businesses and other material. You are responsible for your content that you post, including its legality, reliability and appropriateness.
By posting content, you represent and warrant that:
The content is yours (you own it) and/or you have the right to use it and the right to grant Giverb the rights and license as provided in these Terms
That your content does not violate the privacy rights, publicity rights, copyrights, contract rights, or other rights of any person or entity (Giverb has the right to block anyone determined to be infringing on a copyright or other legal rights from using its Products).
You retain all of your rights to any content you post through Giverb . We believe in your ability to retain those rights. However, you are ultimately responsible for protecting those rights. We are not responsible and assume no liability for your content or the content of any third party posting, rating, or sharing on the app, website, or extension or links to Giverb App, website or extension-related materials disseminated through social media or other channels.
By posting your content through the app, website, or extension, you grant us the right and license to use, modify, publicly display, reproduce and distribute your content through the app and website and other media. You agree that this license includes the right for us to make your content available to other users of Giverb Products.
Giverb retains the right, but is not obligated to, edit or remove user content posted to the app or website. By posting content, you warrant and represent that the information is accurate, complete, current, and appropriate.
Giverb may block users from using the app, website or extension for providing inaccurate, incomplete, misleading or obsolete information.
The materials on Giverb’s app, website and extension are provided “as is”. Giverb makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Giverb does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Products or otherwise relating to such materials or on any sites linked to this site. The materials appearing on Giverb’s app, website or extension could include technical, typographical, or photographic errors. Giverb does not warrant that any of the materials on its Products are accurate, complete, or current. Giverb may make changes to the materials contained on its website at any time without notice. Giverb does not, however, make any commitment to update the materials at any particular time intervals for any of its Products.
In other words, we’re a startup, we try hard to provide great services, useful and highly accurate data, and try to not make spelling and grammar missteaks, but some information on our Products may be incorrect. And we rely on data from partner organizations and businesses and users and other third parties who may at some point provide us bad data, so we can’t guarantee all the data on the app, website or extension is correct all the time. If you see incorrect information and let us know, that’s a great help!
In no event shall Giverb or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Giverb’s app, website, or extension, even if Giverb or a Giverb authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Giverb is not responsible for the sites linked to its app, website or extension and is not responsible for the contents of any such linked site. The inclusion of any link does not imply Giverb ’s endorsement of the site. Use of any such linked website is at your own risk.
Giverb is not responsible for the sites linked to its app, website or extension and is not responsible for the contents of any such linked site.
Any claim relating to Giverb’s app, website, or browser extension shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. Both Giverb and you agree to arbitrate all disputes and claims between us. This includes, but is not limited to:
Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
Claims that arose before this or any prior Agreement;
Claims that may arise after the termination of this Agreement
The foregoing notwithstanding, either party may bring an individual action in small claims court. This arbitration agreement does not stop you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Giverb are each waiving the right to a trial by jury or to participate in a class action.
Arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879, or by writing to the AAA Notice Address.
The arbitrator is bound by the terms of this Agreement. Unless Giverb and you agree otherwise, any arbitration hearings will take place in Denver County, CO. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
If you feel we are not abiding by these Terms of Service, have any questions about these Terms, or if you have any ideas for improving them, please contact us at firstname.lastname@example.org