Terms of Service


Registration

In order to use our service you must create an account with us. You must provide accurate, current and complete information about yourself, including your name and mobile phone number. You agree not to create an account on behalf of anyone other than yourself, unless you are a parent who is creating an account for a child who is 13 or older. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Address Book

Gabbr will access your address book, in accordance with applicable law. The phone number of users on the platform and your other contacts in your mobile address book on a regular basis.

Age

You must be 16 years or older to use our service if you live in the European Region area or such greater age required to use our service in your specific country. You must be 13 years or older if you live in countries outside the European region or such greater age required to use our service in your specific country. Your parent or guardian must agree to our terms of service if you are below the minimum age required to use our service under applicable law.

Using our Service

Subject to your compliance to our terms of service, you will be granted a limited, revocable, personal, non-exclusive, non-transferable license to download and install a copy of the Gabbr application. The application must be used sole for your personal, non-commercial use. We reserve all rights in the device App not expressly granted to you by these Terms of Service.

Content

A content is text, images, photos, audio, video, location data, usernames, and all other forms of data or communication. Your content is data that you submit or transmit to, through, or in connection with the Gabbr Service. A user means is data that users (other than yourself) submit or transmit to, through, or in connection with the Service. Third party content is data that originates from parties other than Gabbr or its users, which is made available in connection with the service. Your soley responsible for your content. You assume all risks associated with your content, including anyone’s reliance upon its quality, accuracy, or reliability, or any disclosure you make that makes you personally identifiable. You acknowledge that you own, or have the necessary permissions to use and/or authorize the use of, your content as described herein. You may not suggest that your content is in any way sponsored or endorsed by Gabbr. You acknowledge that you may expose yourself to liability if: your content contains material that is false, intentionally misleading, or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including, but not limited to hate speech or spam; exploits or otherwise harms anyone; and violates or advocates the violation of any law or regulation. As permitted by our privacy policy, we may use your content in a variety of ways, which may include displaying, reformatting, incorporating it in reports, collections, marketing materials and other works, creating derivative works, summaries, or aggregations from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you grant us (Gabbr, its parent, subsidiaries, and affiliates) the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers), transferable right to use your content for any purpose (including, without limitation, the rights to use, reproduce, publicly perform or display, distribute, adapt, publish, modify, translate, incorporate into other works in any form, media, or technology, and create derivative works of your content, in whole or in part, throughout the world in any media). Finally, you irrevocably waive, and cause to be waived, against Gabbr and its users any claims and assertions of moral rights or attributes with respect to your content.

The information gathered and compiled about our users is done on a collective basis, in a manner which does not disclose or reveal any personally identifiable information about individual users. You understand, acknowledge, and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit, throughout the world, in any media or form. We reserve the right to remove, screen, edit, or disable access to any of your content, without notice to you, that we consider, in our sole discretion, to be in violation of these Terms of Service or otherwise harmful to the Gabbr Service. If you create a username for your Gabbr account, we may remove or reclaim it if we believe it is inappropriate or violates any trademark policies (such as when a trademark owner complains about a username that does not closely relate to the user's real name). We reserve the right to review your content at anytime, although we are not obligated to do so. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.

You own all your content on the Gabbr platform. We exclusively own the Gabbr content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the service excluding your content, user content and third party content. We, or our licensors also own the copyrights, trademarks, patents, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP” Rights) associated with the Gabbr content and the service. These Terms of Service do not grant you any right, title, or interest in the Gabbr service, network, or content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any content that is not your content (including, without limitation, the Gabbr content, other user content, or third party content), in whole or in part, except as expressly authorized by the owner of the content.



Feedback

We appreciate your feedback, ideas, proposals, comments and suggestions for improving our service. By sending us feedback, you agree that: (a) your feedback doesn’t contain the confidential or proprietary information of third parties; (b) we are under no obligation of confidentiality, expressed or implied, with respect to your feedback; (c) we may have something similar to the feedback already under consideration or in development; (d) we own all right, title and interest in and to your feedback, even if you have designated it as confidential; and (e) we are free to use the feedback for any purpose, without any restriction or compensation to you. You hereby irrevocably assign all right, title and interest in and to the feedback to us.

Communication and Restriction

We are under no obligation to enforce the terms of service on your behalf against another user, We encourage you to let us know if you believe another user has violated the terms of service, however we reserve the right to investigate and take appropriate action at our sole discretion.

By creating an account, you agree to receive certain communications from us, other users, advertisers, our partners, and service providers in connection with the service. Please review our Privacy Policy for more information on the types of communications you may receive.

Copyright and Trademark

Your account will be terminated if you repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe any Content or materials on the Service infringe your copyright, you agree to abide by the notice and takedown procedures set forth in the Digital Millennium Copyright Act.



Indemnity

You agree to indemnify and hold Gabbr, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable legal and accounting fees) in any way related to or arising out of: (a) your access to or use of the Service, (b) Your Content, (c) your violation of any of these Terms of Service; or (d) the infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity. Gabbr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. We will use reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it; however, our failure to notify won’t affect your obligations hereunder (except to the extent that our failure to notify you materially prejudices your ability to defend the claim).



Disclaimers and Limitations of Liability

The liability of Gabbr is very limited, Therefore read this section carefully. Each of the subsections below only apply to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.

A. You agree that the service is made available to you on an “as is” basis, without warranty of any kind, and that your use of the service is entirely at your own discretion and risk (including, without limitation, the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate). We expressly disclaim all warranties, whether expressed or implied, as to the operation of the service, the safety or security of the service, or any content included or otherwise made available through the service, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealing or usage of trade.

B. We make no claims or promises about the conduct of third parties. We will not be liable to you for any loss or damage that might arise from the actions of third parties (including, without limitation, if another user misuses your content or identity, or if you have a negative experience with a third party on the service).

C. Gabbr disclaims all liability for any indirect, special, incidental, punitive, exemplary, reliance, or consequential damages (including, without limitation, loss of profits, business interruption, loss of or damage to reputation to you or any third party, inability to use the service, costs of procuring substitute services, unauthorized access to or alteration of your content, loss of information or data, or any communications, interactions or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services), whether based in warranty, contract, tort (including negligence), product liability or any other legal theory, in connection with your use of or access to the service or content, even if Gabbr has been advised of the possibility of such damages, and even if a limited remedy set forth herein is found to have failed of its essential purpose.



Our Policy on Children

The Gabbr service is not directed to children under the age of 13. We do not knowingly collect, solicit, or store personally identifiable information from, or about children under the age of 13. If a parent or guardian becomes aware that his or her under 13 child has provided us with personally identifiable information without his or her consent, he or she may delete the child’s entire account, by selecting the “Delete Gabbr account” option in the settings section or alert us at our email address.



Termination

You may terminate these terms of service at any time by closing your account via “Delete Gabbr account” option in the settings section and providing us with a notice of termination at the address provided below.

We may close your account, suspend your ability to use certain portions of the service, and/or ban you altogether from the Service for any or no reason, without notice or liability of any kind. If we close or suspend your account for violating these terms of service, such closure or suspension shall be deemed a termination with cause. We may also modify or terminate the Gabbr service without prior notice.



General

We may provide you with notices by email, regular mail, push notifications or communications through the service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You will comply with all applicable laws and regulations governing your use of the service and posting of Your Content (including, without limitation, all applicable laws governing export control). You may not assign, transfer, or sublicense these terms of service without our prior written consent. We may assign, transfer, or sublicense these Terms of Service without restriction, and without notice to you. Any assignment, transfer, or sublicense attempted in violation of these terms of service will be void. These terms of service constitute the entire agreement between you and us regarding your use of the Service, and supersede any prior or contemporaneous agreements between you and us regarding the Service. The parties acknowledge that no reliance is placed upon any representation made, but not expressly contained in these terms of service. Our failure to enforce any right or provision of these terms of service will not constitute a waiver of that right or provision on our part. If any provision of these terms of service is found by a court of competent jurisdiction to be unenforceable, the remaining portions will remain in full force and effect, and any unenforceable portion will be construed and enforced in a manner that most closely reflects the intent of the original language. The parties are independent contractors, and nothing in these terms of service is intended to or shall create any type of joint venture, partnership, employer/employee, fiduciary, or franchise relationship between us.



Misuse of Service

You agree not to use the Gibbr services to engage in illegal, fraudulent or other wrongful conduct, including but not limited to the following:

Distributing defamatory, obscene, unlawfully pornographic Content or Content that promotes bigotry, racism, misogyny or religious or ethnic hatred;
Stalking, harassment, or threatening others with violence or abuse or engaging;
Impersonating or misrepresenting your affiliation with any person or entity or misusing another person’s phone number or name in your account information;
Using an individual account for a commercial purpose or sending unsolicited commercial solicitations, bulk messages, chain letters or other advertisements;
Violating any applicable law or regulation; Infringing the intellectual property, moral rights, rights of publicity, privacy or other legal rights of third parties;
Violating, or encouraging any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Using, display, mirror, frame, or utilize framing techniques to enclose the Service or any individual element or materials within the Service, our name(s), any of our trademarks, logos or other proprietary information, the content of any text, or the layout and design of any page or form contained on a page, without our express written consent;
Using any meta tags or other hidden text or metadata utilizing our trademark(s), logo URL(s), or product name(s) without our prior written consent;
Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means;
Use the Service or any Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
Use any device, software, or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Use the Service 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 Service or Content; or Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Service. Accessing, tampering with, or using non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Gabbr technology infrastructure, or otherwise make excessive traffic demands of the Service;
Attempting to probe, scan, or test the vulnerability of any of our systems or networks, or breach any security or authentication measures;
Circumventing any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect the Service or Content;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
Interfering with or attempting to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Accessing, retrieving, or indexing any portion of the Service for purposes of constructing or populating any chart, collection, or searchable database of reviews, unless specifically permitted in the robots.txt file on the Service;
Recording, processing, or mining information about other users without their consent.



Data Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Gabbr processes your information on servers located in the United States. By using the service, you understand and consent that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy. If you are from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to United States and to Processing of your data globally. By providing your personal information, you consent to any transfer and processing in accordance with this policy.



Modifications to terms of service

We may modify these terms of service from time to time. If a change reduces your rights in a meaningful way, we will notify you. You should check these Terms of Service on a regular basis. You understand and agree that your continued use of our Service after any posted modification to these Terms of Service indicates your acceptance of those modifications.



Contact Us

If you have any questions about the Service, these terms of service, or the privacy policy, please contact us at admin@gabbr.com