IMPORTANT: READ CAREFULLY
The Service is provided by Ibble for the purpose of creating a platform that unlocks knowledge about investing, facilitates real-world conversations, and builds user confidence over time. Through the Service, You may engage in conversations with other users, receive curated investment-related news and entertainment, and hone your investment skills by competing in Ibble’s weekly trading competitions. The Service may also provide information and links related to other Ibble products and services, and third party products and services.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, IBBLE IS UNWILLING TO LICENSE THE SERVICE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SERVICE.
This Agreement governs your use of the Service only. Any other contractual agreements between You and Ibble remain in effect.
1. Software Delivery and Acceptance
Subject to Your agreement to be bound by all terms and conditions of this Agreement, Ibble authorizes You to use and access (i) Ibble’s proprietary mobile software application, which includes compiled software code, images, music, media, templates, data, a user interface, any documentation accompanying the program, and any updates or supplements of such software and documentation (collectively, the “App”); and (ii) Ibble’s proprietary software and related media accessible at www.getibble.com, including all related subdomains (the “Website”). The App and Website are referred to herein collectively as the “Service”. The Service is deemed accepted by You when the App is initially downloaded by You, or when you access the Website.
2. License Terms and Conditions
Subject to all terms and conditions of this Agreement, Ibble hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited license to use and access the Service in accordance with this Agreement and any and all agreements and documents executed by You or delivered by Ibble. The Service is licensed to you, not sold, and Ibble reserves the right to revoke such license at any time and disable your ability to use the Service for any reason or for no reason.
2.1 Apple App Store. If you obtained the App through the Apple App Store, the following terms apply:
A. You are not entering into an agreement with Apple, Inc. (“Apple”), and Ibble, not Apple, is solely responsible for the App and its content (excluding User Content and Third-Party Content as defined below);
B. Your use is limited to use on Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
C. The terms of this Agreement are subject to the terms of the Apple App Store Terms of Service, which you acknowledge you have had the opportunity to review;
D. Apple and Apple’s subsidiaries are intended third-party beneficiaries of this Agreement;
E. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, which to the extent permitted by law will constitute Apple’s sole and exclusive obligation with respect to the App;
F. Ibble and You acknowledge that Apple and has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
G. Ibble, not Apple, is responsible for addressing Your claims relating to the App, including product liability claims, legal or regulatory noncompliance, and claims arising under consumer protection, privacy, or similar legislation; and
H. To the extent any obligation exists with respect to a third-party claim that the App infringes a third-party’s intellectual property rights, Ibble, not Apple, will be responsible for the investigation, defense, settlement and discharge of such claim.
I. You acknowledge the App contains a method for filtering objectionable material from being posted to the App and a mechanism to report offensive content. You may report such content to Ibble at firstname.lastname@example.org. Ibble shall respond timely to any concerns. If necessary, Ibble has the ability to block abusive users from the App and will exercise that ability at its sole discretion.
2.3 Ibble Game Official Rules. The Service may provide daily and weekly games that allow you to compete with other users to win prizes (the “Ibble Games”). If you access or otherwise participate in the Ibble Games, Ibble’s Agreement on Official Rules, located at https://getibble.com/legal/offical-rules.html (the “Official Rules”), applies to your access and participation in the Ibble Games.
3. Proprietary Rights
The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved to Ibble. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Service except as expressly authorized in this Agreement. No right to use any trademark or trade name of Ibble is granted to You hereunder other than the right to display the Ibble marks that are placed on the Service and any Ibble messages when they are rendered in the Service, in which case such marks may not be altered or removed by You without written approval by Ibble.
4. Service Usage
4.1 Overview & Fees.
Accessing the Service and creating an account are free. Through the Service you may comment on investment-related news, participate in a daily game, and expand your knowledge about investing.
4.2 No Investment Advice.
The Service is provided as a platform to develop your skills and understanding of investment strategies and practices. Investment-related decisions inherently involve risk and Ibble does not endorse or recommend any particular investments or ventures.
When using the Service, you may receive information relating to potential investments and trading strategies. You should not rely on any investment-related information you receive from other users and you acknowledge that you should consult with such tax, legal, and other professionals you deem appropriate before participating in any investment activities.
YOU ACKNOWLEDGE THAT ALL INVESTMENT INVOLVES RISK AND THAT YOU SHOULD NOT INVEST UNLESS YOU ARE ABLE TO BEAR THE LOSS OF UP TO YOUR ENTIRE INVESTMENT AND ANY TRANSACTION-RELATED EXPENSES.
5. User Content
Ibble does not have the obligation to, and does not, pre-screen any User Content. However, Ibble reserves the right to remove or edit any User Content at any time and without notice to You. When you use the Service, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that:
A. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
B. is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless you own such rights or have received all necessary consent;
C. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interferes with someone else’s use of the Site;
D. falsely provides a review for a product or service that you have not purchased or used, or misrepresents your experiences relating to any products or services;
E. constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or "spam," or an offering or dissemination of fraudulent goods, services, schemes or promotions;
F. is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients;
G. is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
H. violates any applicable local, state, national or international law.
(collectively “Prohibited User Content”).
6. Digital Millennium Copyright Act – Notice & Takedown
If you are a copyright owner and believe that any User Content infringes upon your copyright rights, you may submit a notification to Ibble’s Designated Agent at: Ibble, Inc. 1705 Guadalupe St. 4th Floor. Austin, TX 78701 email@example.com 512-766-8383 and Pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), such notification must include:
A description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Your contact information (email and telephone number); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
7. Representations and Warranties
You represent and warrant the following during your download, installation, and/or use of the Service:
A. You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country;
B. You are not listed on any U.S. government list of prohibited or restricted parties;
C. You possess all necessary rights to post any User Content you post using the Service; and
D. You will not post any Prohibited User Content.
8. Third Party Content
Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever except to use the Service for its intended purposes.
Ibble is Powered by IEX Cloud.
9. Internet Access
Use of the Service requires an internet connection and may result in charges from your cellular service provider. Ibble is not responsible for any such charges. Ibble is also not liable for any disruption, failure or malfunction of the Internet or other service providers or for any other situation or event that is out of Ibble’s direct control. IBBLE IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
10. Restrictions on Use
Unless and to the extent specifically provided otherwise in writing by Ibble, you may not:
A. separate any individual component of the Service for use;
B. incorporate any portion of the Service into other software or compile any portion of it in combination with other software;
C. use the Service, or any portion of Service, with any other service;
D. sell, rent, lease, lend, loan, distribute, assign or sublicense the Service or otherwise transfer any rights to it in whole or in part;
E. modify, reverse engineer, decompile, remove any proprietary notices or disassemble the Service in whole or in part, or create any derivative works from or of the Service, or encourage, assist or authorize any other person to do any of these things; or
F. make copies of or distribute the Service or electronically transfer it or any portion of it from one computer to another or over a network.
We may discontinue some or all of the functionality of the Service at any time. We may also terminate your right to use the Service at any time, and in such event we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Service, including without limitation, all driving laws and laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
Ibble may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Service or portions thereof available to You under this Agreement for the purpose of, among other things, distributing bug fixes, patches and feature improvements. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. Ibble disclaims any and all liability relating to Your failure to install any updates to the Service. Notwithstanding the foregoing, Ibble does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Service.
12. Collection and Use of Data
13. Login Credentials.
You may login to the Services by using your Facebook account or by creating an Ibble user account directly. By using your Facebook account as a login for the Services, you agree that Ibble may access and use your Facebook account information, including your email address associated with your Facebook account and the profile picture associated with your Facebook account. You shall not share Your user account information with others or allow third parties to use Your login credentials to the Service at any time or for any reason unless otherwise allowed in writing by Ibble. You warrant, and Ibble may assume and rely on the assumption, that any and all activity and use of the Service under Your user account is done by You. You are solely responsible for maintaining the security of, for example, your username, password, and all other user account information, and You agree that Ibble will not be liable for any loss or damages resulting from use of your account by others.
You shall defend, indemnify, and hold harmless, Ibble and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) your use of the Service; (ii) any dispute between You and any other user or users; (iii) Your use, creation or posting of Prohibited User Content; (iv) your violation or breach of this Agreement, or (v) the infringement by You, or any other user of Your username or account, of any intellectual property or right of any person or entity.
15. Disclaimers; Limitations of Liability
IBBLE DOES NOT PROMISE THAT THE SERVICE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS PROVIDED BY IBBLE “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. IBBLE CANNOT ENSURE THAT THE SERVICE OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICE, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICE, IS AT YOUR OWN RISK. IBBLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IBBLE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF IBBLE, AND EVEN IF IBBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, IBBLE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, IBBLE’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO THE SERVICE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST IBBLE, OR (2) US$200.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, Ibble may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Service and discontinue exercising all license rights granted by this Agreement. Sections 2.1, 2.2, 2.3, and 3 through 21 of this Agreement will survive any termination of this Agreement.
17. Governing Law. The laws of the State of Texas shall govern the enforcement and interpretation of these Official Rules without regard to its conflict of law principles. The exclusive venue for any action related to this Agreement shall be in the state and federal courts located in the County of Travis, State of Texas and the parties irrevocably submit to the venue and jurisdiction of such courts and waive any objections to such venue and jurisdiction, including without limitation objections based on venue, jurisdiction or an inconvenient forum.
18. Dispute Resolution, Class Action Waiver, and Arbitration
18.1 General. This Section applies to each and every Dispute. For purposes of this Agreement, the term "Dispute" will be given the broadest possible meaning allowable under applicable law and shall mean any claim, dispute, action, or other controversy between you and us concerning this Agreement, the subject matter of Your agreements with Ibble, or any product, service or information We make available to You, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, except for claims, disputes, and controversies relating to the enforcement or validity of our intellectual property rights. In the event of a Dispute, You or Ibble must give the other party a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to: Ibble, Inc. 1705 Guadalupe St. 4th Floor. Austin, TX 78701. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address on file with Ibble. You and Ibble will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. We may choose to provide you with a final written settlement offer after receiving your Notice of Dispute ("Final Settlement Offer"). After sixty (60) days, either you or Ibble may commence an arbitration proceeding to resolve the Dispute, as set forth below.
18.2 Binding Arbitration. If You and Ibble do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S. Code section 1 et seq., and the provisions of this Section 5. The Dispute will be resolved by a neutral arbitrator whose decision will be final except where appeal is required by applicable law.
18.3 Class Action Waiver. To the maximum extent permitted under applicable law, any proceedings to resolve any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Ibble will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it will not apply to those parts. Instead, those parts will be severed and will proceed in a court of law, with the remaining parts proceeding in arbitration.
18.4 Arbitration Procedure. Arbitration will be administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. An AAA Demand for Arbitration may be found on the AAA website located at: www.adr.org. Any in-person hearing in the arbitration will be held in your county of residence if you reside in the USA. Either You or Ibble may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving Ten Thousand Dollars ($10,000.00) or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. You and Ibble hereby agree to accord this arbitration agreement the broadest scope permissible under applicable law and that it shall be interpreted in a non-restrictive manner. The arbitrator will determine whether a claim or controversy is a Dispute that is subject to arbitration. The arbitrator may award the same relief to you individually as a court could award. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress or pain and suffering, punitive damages, or indirect, incidental or consequential damages. Each party shall bear its own attorneys' fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; provided, however, that the arbitrator may otherwise award you reimbursement of your reasonable attorneys' fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator and AAA. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and, if requested by either party, a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a Dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal; (ii) obliging the other party to participate in the arbitration proceedings; (iii) requesting any type of conservative or interim measure in connection with the Dispute prior to the constitution of the arbitral tribunal; (iv) requesting the appearance of witnesses and/or experts; and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a Dispute were determined by litigation in court including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence. In the event of any conflict between the applicable arbitration rules and the terms of this arbitration provision, the terms of this arbitration provision will control. You may opt-out of these Dispute resolution provisions by providing written notice of her/his decision within thirty (30) days of the date You first accesses the App or Ibble site, whichever is first.
18.5 Disputes to be Filed Within One Year. To the extent permitted by applicable law, arbitration of any Dispute must be initiated within one (1) year from the date the cause of action accrued. If a Dispute is not initiated within one (1) year, it will be permanently barred.
18.6 Equitable Relief. You agree that we would be irreparably damaged if the terms of this Section 5 are not specifically enforced. Therefore, in addition to any other remedy that We may have at law, and notwithstanding our agreement to arbitrate Disputes, We will be entitled, without bond or other security, or proof of damages, to seek appropriate equitable remedies with respect to Your violation of this Agreement in any court of competent jurisdiction.
19. Export Law Compliance
You acknowledge that the Service is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Service, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use and destination restrictions issued by U.S. and other governments.
20. Other Agreements
21. Void Where Prohibited
Although the Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Ibble reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. Ibble’ failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Ibble of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Ibble and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.