This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
1. Privacy (top)
2. Sharing Your Content and Information (top)
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with iCabo (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information, it means that you are allowing everyone, including people outwith iCabo, to access and use that information.
- We always appreciate your feedback or other suggestions about iCabo, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety (top)
We do our best to keep iCabo safe, but we cannot guarantee it. You recognize that you have the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on iCabo.
- You will not collect users' content or information, or otherwise access iCabo, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on iCabo.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use iCabo to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of iCabo, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security (top)
iCabo users provide their real names and information. There are certain commitments you must make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on iCabo, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
5. Protecting Other People's Rights (top)
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on iCabo that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on iCabo if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including the iCabo and MiCabo Logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on iCabo.
6. Mobile (top)
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on iCabo within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on iCabo, as well as your name and profile picture.
7. Payments and Deals (top)
If you make a payment on ICabo you agree to our Payments Terms.
8. About Advertisements and Other Commercial Content Served or Enhanced by iCabo (top)
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You can use your settings to limit how your profile may be associated with commercial, sponsored, or related content (such as an activity you like) served or enhanced by us. You give us permission to use your name and profile in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
9. Special Provisions Applicable to Web Pages (top)
If you create or administer a Web Page on iCabo, you agree to our Web Page Terms
10. Amendments (top)
- We can change this Statement if we provide you notice (by posting the change on the iCabo Site)
- We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
11. Termination (top)
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of iCabo to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
12. Disputes (top)
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or iCabo exclusively in The Court Of session, Edinburgh, Scotland, United kingdom. The laws of the Scotland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the Scottish Legal System for the purpose of litigating any and all such claims.
- If anyone brings a claim against us related to your actions, content or information on iCabo, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP ICABO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ICABO AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ICABO WILL BE SAFE OR SECURE. ICABO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ICABO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ICABO WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ICABO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Special Provisions Applicable to Users Outside the United Kingdom of Great Britain and Northern Ireland (top)
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United Kindom:
- You consent to having your personal data transferred to and processed in the United Kingdom.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on iCabo (such as advertising or payments) or operate a Platform application or website.
14. Definitions (top)
- By iCabo we mean the features and services we make available, including through (a) our website at www.iCabo.com and any other iCabo branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) MiCabo; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from iCabo or provide data to us.
- By information we mean facts and other information about you, including actions you take.
- By content we mean anything you post on iCabo that would not be included in the definition of information.
- By data we mean content and information that third parties can retrieve from iCabo or provide to iCabo through Platform.
- By post we mean post on iCabo or otherwise make available to us (such as by using an application).
- By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By active registered user we mean a user who has logged into iCabo at least once in the previous 30 days.
- By application we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
15. Other (top)
- If you are a resident of or have your principal place of business in the US, Mexico or Canada, this Statement is an agreement between you and iport software, Inc. Otherwise, this Statement is an agreement between you and iport software Limited. References to “us,” “we,” and “our” mean either iport software, Inc. or iport software Limited, as appropriate.
- This Statement makes up the entire agreement between the parties regarding iCabo, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing iCabo.