iBearMoney Terms of Service
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND iBEAR LLC (“iBEAR”, “WE”) STATING THE TERMS THAT GOVERN YOUR USE OF WWW.IBEARMONEY.COM WEBSITE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
By using this Site, you understand, acknowledge and agree that you will abide by these Terms of Service (“Terms”) and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services. If you do not agree to these Terms, do not use the Site.
Ownership of Site
iBear has developed www.iBearMoney.com website (the “Site”). The Site is the property of iBear.
Use of Content
“Content” means (i) all text, graphics, data files, visual interfaces, photographs, videos, images, trademarks, logos, artworks, sounds, music, computer code and all materials, including but not limited to the design, coordination and arrangement of such Content, contained on the Site; and (ii) all derivative works created by iBear from the information provided by the users and published on the Site.
All Content is owned, controlled or licensed by or to iBear and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information purposely made available by iBear for downloading from the Site, provided that (1) the copyright notice appears in all copies of the files downloaded, (2) such information from the Site is used only for your personal, non-commercial informational purpose and will not be copied or posted on any network computer or broadcast it in any media, (3) no modifications to such information are made.
Accounts
Some parts of the Site require you to create an account to get access to certain services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, name, email address, password or other account information.
We may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
Public Forums and Blogs
“Forum” means the part of the Site representing a free discussion space that offers the opportunity for you to exchange information with other users, including a chat area, message board, instant messaging, mobile messaging.
“Blog” means the part of the Site representing a web publishing tool that allows iBear to post certain content which mught be commented by users of the Site.
You acknowledge that the Forum, the Blog and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any your messages posted on the Forum and any your Blog comments. We cannot guarantee the security of any information you disclose through the Forum or the Blog; you make such disclosures at your own risk. You are and shall remain solely responsible for the messages you post on the Forum or comments you leave on the Blog under your username and for the consequences of posting the messages and comments. We are under no obligation to monitor the Forum and comments to the Blog. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any messages posted on the Forum or Blog comments is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in the Forum or left as Blog comments and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to messages you post on the Forum or leave as Blog comments.
By participating in the Forum or leaving comments to the Blog, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable; (ii)infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (iii) constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation.; (iv) contains software viruses, Trojan horses, worms or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware; (v) provides any non-public information about iBear or any other company or person without the proper authorization to do so; (vi) intentionally interferes with the operation of the Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.; (vii) attacks or insults another Forum user or iBear; (viii) suggests or encourages illegal activity; or (ix) violates the U.S. or international laws or regulations.
No Unlawful or Prohibited Use
You may not attempt to gain unauthorized access to any portion of the Site, or any other accounts, computer systems or networks connected to the Site, by hacking, password “mining” or any other illegitimate means.
You may not use any device, software or routine to interfere with the proper working of the Site or damage our Site. You may not use the Site in any manner that could interfere with any other party’s use and enjoyment of any Site.
You may not use any automated device, scripts, program or methodology, including but not limited to “deep-link”, “page-scrape”, “spider”, “robot”, or any similar manual process, to collect any information, materials or documents or otherwise interact with the Site through any means not purposely made available to you through the Site.
You may not exploit the Site in any way where the purpose is to reveal any information, other than the information purposely made available to you through the Site.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity, which infringes the rights of iBear or third parties.
Privacy
iBear is committed to protecting your privacy. Our use of your personal information is governed by the terms of our Privacy Policy. Our Privacy Policy applies to use of the Site, and its terms are made a part of these Terms by this reference. Except as set forth in the Privacy Policy, iBear will not sell, exchange, or release your personal information to a third party without your express permission, unless required by law or court or governmental order. We may, however, share or publicly disclose compiled, aggregated data in a non-personally identifiable manner.
Links to Third Party Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). iBear is providing these links to you solely as a convenience. The Linked Sites are not under the control of iBear, and the inclusion of any link does not imply endorsement by iBear of the Linked Site. iBear is not responsible for the content of such Linked Sites.
Modification of Site
iBear reserves the right to modify or change the Site, or any portion of the Site, and any applicable policies or terms at any time, without notice. iBear may also modify, suspend, interrupt or terminate operation of or access to the Site, or any portion the Site, for any reason at any time, without notice.
Disclaimers
The Site may contain inaccuracies or errors that could cause failures or loss of your data. USE OF THE SITE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. iBEAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND iBEAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. iBEAR DOES NOT WARRANT THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE SITE WILL NOT BE LOST, CORRUPTED OR DAMAGED. iBEAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST iBEAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY iBEAR WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE SITE OR THE CONTENT PROVE DEFECTIVE, iBEAR SHALL NOT HAVE ANY OBLIGATION TO PROVIDE SERVICING, REPAIR, CORRECTION AND YOU SHALL ASSUME THE ENTIRE COST OF SUCH SERVICING, REPAIR OR CORRECTION.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, defect, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL iBEAR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF iBEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
iBEAR DISCLAIMS ALL LIABILITY WITH RESPECT TO ITS CESSATION TO MAKE THE SITE AVAILABLE TO YOU WHEN SUCH CESSATION RESULTS FROM THE SERVER SHUTDOWN EITHER ACCIDENTAL OR INTENTIONAL.
Some jurisdictions do not allow the limitation of liability. In such jurisdictions, iBear’s liability to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content is limited to the greatest extent permitted by law, or $50, whichever is less.
Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless, and upon iBear’s request, defend, iBear, its directors, shareholders, officers, employees, independent contractors and agents (each an “iBear Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs, incurred by an iBear Indemnified Party due to or arising from or in connection with your use of the Site.
Violation of These Terms of Use
You agree that iBear may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be connected with your use of the e. You also agree that in case of any violation by you of these Terms iBear will be entitled to recover monetary damages and obtain any injunctive or equitable relief that iBear deems necessary or appropriate in such circumstances.
You agree that iBear will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
If iBear takes any legal action against you as a result of your violation of these Terms, iBear will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to iBear.
Governing Law, Jurisdiction
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and the State of Nevada, excluding any such laws that might direct the application of the laws of another jurisdiction. If there are any disputes or conflicts arising out of or in connection with your use of the Site, you and iBear shall use reasonable means to resolve the conflict prior to starting any lawsuits or other litigation, including negotiation between management personnel capable of resolving the conflicts. However, in the event either you or iBear should start any litigation arising out of or in connection with your use of the Site, you expressly agree that the litigation will take place exclusively in the state or federal courts located in Washoe County, Nevada, United States of America, and you expressly agree that any such court has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction.
Severability
If a court of competent jurisdiction finds any provision of these Terms to be unenforceable for any reason, that provision of the Terms shall be enforced to the maximum extent permissible and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of the Terms shall continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and iBear with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and iBear with respect to such use are hereby superseded and cancelled.
Modification of Terms of Service
iBear reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time, effective by posting new terms on the Site with the date of modification. It is your responsibility to read these Terms prior to using the Site, and check these Terms periodically for changes. Your use of the Site after the posting of changes constitutes your acceptance of the terms and conditions as modified in these Terms.
Contact
If you have any questions about this agreement, please contact us here.
Updated 12/29/09
