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Terms of Use

Please read these Terms (the “Agreement”) carefully before using the http://www.getibby.com website and any application (together, or individually) operated by Ibby.

Ibby is a service, including but not limited to getibby.com (the “Website”) and software applications accessible therein (the “Applications”) provided by HubSolv Ltd. (the “Company”, “We”, “Us”); Company Registration No SC 470544, registered at 14 Mitchell Lane, G1 3NU, Glasgow, Scotland.

By accessing and using the Website and/or the Applications, “You” are agreeing to be bound by this website Terms and Conditions of Use, Privacy Policy, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE WEBSITE OR THE APPLICATIONS IN ANY MANNER. We reserve the right to limit or terminate your access to the Applications if you do not comply with these Terms of Use.

The materials contained in this web site are protected by applicable copyright and trade mark law. The Applications and all source code including HTML, CSS, JavaScript and images are copyright © IBBY.

 

Use License

All copyright, trade marks and other intellectual property rights in all material or content in this website shall at all times remain our property or that of our licensors. You are allowed to use this material and content of the website as expressly authorised by us or our licensee.

Permission is granted to temporarily download/use one copy of the materials (information or software) on this Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license You may not:

(a)   modify or copy the materials;

(b)   use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

(c)   attempt to decompile or reverse engineer any software contained on this Website;

(d)   remove any copyright or other proprietary notations from the materials; or

(e)   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 HubSolv Ltd. 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.

 

Disclaimer

The materials on this Website are provided “as is”. HubSolv Ltd. 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, HubSolv Ltd. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

Limitations

In no event shall HubSolv Ltd. 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 this Website, even if HubSolv Ltd. or a HubSolv Ltd. 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.

 

Revisions and Errata

The materials appearing on this Website could include technical, typographical, or photographic errors. HubSolv Ltd. does not warrant that any of the materials on its web site are accurate, complete, or current. HubSolv Ltd. may make changes to the materials contained on its Website at any time without notice. HubSolv Ltd. does not, however, make any commitment to update the materials.

 

Links

HubSolv Ltd. has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HubSolv Ltd. of the site. Use of any such linked Website is at the user’s own risk.

 

Fees and Payment

HubSolv Ltd. reserves the right to require payment of fees for HubSolv Ltd. Services (“Services”). All applicable fees are stated on the Website. You shall pay as described on the Website in connection with such Services selected by You. HubSolv Ltd. reserves the right to change its price list and to institute new charges at any time, upon notice to You, which may be sent by email or posted on the Website. Your use of HubSolv Ltd. Services following such notification constitutes Your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

 

Termination and Cancelation

This Agreement shall remain in full force and effect while You use the Services. You may terminate Your use of the Services at any time. HubSolv Ltd. may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement. Upon termination of Your account, Your right to use the Services, access the Website, and any Content will immediately cease.

You may cancel Your Ibby account at any time; however, unless HubSolv Ltd. is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from You of an actual breach, identifying specifically the nature of the breach, You are not entitled to any refunds. If You violate this Agreement, we may cancel or suspend Your account without notice or refund to You. If Your account is canceled, HubSolv Ltd. reserves the right to permanently delete all Your account data with no liability or notice to You. You will not be able to recover this data. If You cancel Your active paid subscription before the end of Your current paid-up subscription period, Your cancelation will take effect immediately and You will not be charged again.

 

Site Terms of Use Modifications

We reserve the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Applications after the posting of any changes to the Terms of Use means that you have accepted those changes.

 

Privacy Policy

Please review our Privacy Policy, which governs the use of personal information on the Website and in connection with the Services, and to which You agree to be bound as a condition of this Agreement.

 

General Conditions

  • You must be 18 years or older to use the Applications.
  • By using the Website and/or Applications You are agreeing to be bound by the then current version of these Terms and Conditions of Use and Privacy Policy.
  • If you are in the EU or have Clients or Employees in the EU, you explicitly agree and consent to our Data Processing Agreement.
  • You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • One person or legal entity may not maintain more than one free account.
  • You may not use the Applications for any illegal or unauthorised activities.
  • Your use of the Applications is at your sole risk. The Applications are provided on an “as is” and “as available” basis.
  • You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Applications; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Applications; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Applications.
  • The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and the Company and govern your use of the Applications, superseding any prior agreements between you and the Company. (including, but not limited to, any prior versions of the Terms of Use).
  • We do not set an arbitrary limit or cap on the amount of resources an account holder can use, except where noted in a plan description. In good faith and subject to these Terms, we make every commercially reasonable effort to provide its account holders with all the storage and bandwidth resources needed to power their customer support and customer management needs successfully, as long as the account holder’s use of the service complies with these Terms. Ibby is designed for customer support and customer communications purposes. Ibby is NOT intended to provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the services will result in the termination of your account, with or without notice.
  • You must not modify, adapt or hack the Applications or modify another website so as to falsely imply that it is associated with the Applications, Ibby, or any other HubSolv Ltd. service. 

Each of the provisions contained in these terms and conditions shall be construed as being independent of every other and if any provision contained in the terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the limitations on liability, such determination shall not affect the validity of the remainder of the terms and conditions which shall continue in effect.

Our website is operated and controlled from the United Kingdom and these terms and conditions and Your use of this website are governed by and construed in accordance with the law of Scotland.

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