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<h1 class="page-title">Terms of Service</h1>
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<a href="/">Home</a> >> Terms of Service
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<div class="legal">
<div class="legal-date">
Updated 15 Jan 2013
</div>
<h2></h2>
<div class="legal-content">Welcome to InvibeUp, a gifting service that allows you to give and receive real gifts (from now on Gifts) instantly from/ to your friends based on their location and straight for your mobile phone. InvibeUp is a product of Invibe Limited, incorporated and registered in England and Wales with company number 08100480</div>
<div class="legal-content">The following terms and conditions (the “Agreement”) which form a binding agreement between you and InvibeUp Limited referenced in section “Contracting Party & Governing Law”, which is sometimes referred to as “InvibeUp”, “we”, “us” or “our.” Please review the following terms carefully. By using the mobile and desktop web pages, applications or any of InvibeUp’s Services, you are agreeing to these terms, as well as our Privacy Policy (published here), and all of these terms will govern your use of the mobile and desktop web pages, applications and our Services. If you do not agree to these terms, you must cease use of the mobile and desktop web pages, applications and our Services. The term “you” refers to the person accessing or using the mobile and desktop web pages, applications and our Services, or the company or organization on whose behalf that person accesses the mobile and desktop web pages, applications or our Services.</div>
<h2>Our Services</h2>
<div class="legal-content">InvibeUp allows people to digitally gift and receive small items (e.g. a pint of beer, a cupcake, ticket, etc.) based on the sender/ receptor location to your friends in Facebook, contact list or to the people nearby you at that moment. The Services include the opportunity for you to purchase gift promotions (as described below) to use for the products and services of third party merchants. The Services and Site are collectively referred to here as “InvibeUp”.</div>
<h2>Access</h2>
<div class="legal-content">Subject to these Terms of Service, InvibeUp may offer to provide the Services, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services InvibeUp performs for you, any applications or widgets offered by InvibeUp that you download from the Site or from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by InvibeUp, as well as the offering of any materials displayed or performed on or through the Services.</div>
<h2>Equipment</h2>
<div class="legal-content">End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. InvibeUp shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.</div>
<h2>Conditional Use of Our Site & Services</h2>
<div class="legal-content">Your permission to use InvibeUp is conditioned upon your agreement that you:
<br/>
<ul class="legal-list">
<li class="legal-item">are 13 years of age or older;</li>
<li class="legal-item">will comply with these Terms of Service;</li>
<li class="legal-item">will not copy or distribute any part of InvibeUp in any medium without InvibeUp’s prior written authorisation;</li>
<li class="legal-item">will provide accurate information when creating an account or registering for our Services;</li>
<li class="legal-item">are solely responsible for your User ID and the activity that occurs while signed in to or while using InvibeUp using your User ID;</li>
<li class="legal-item">must always use common sense when using our service;</li>
<li class="legal-item">will not use InvibeUp to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;</li>
<li class="legal-item">will not use the communication systems provided by or contacts made on InvibeUp for any commercial solicitation purposes;</li>
<li class="legal-item">are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;</li>
<li class="legal-item">represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorise InvibeUp to use any and all Content submitted by you to InvibeUp in accordance with the licenses granted in this Agreement;</li>
<li class="legal-item">hereby grant each InvibeUp user, whether using InvibeUp or an application authorised by InvibeUp but developed via a third-party developer, a non-exclusive license to access the Content you submit through InvibeUp and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through InvibeUp’s functionality and under these Terms of Service;</li>
<li class="legal-item">will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to InvibeUp;</li>
<li class="legal-item">will only access InvibeUp using your true and genuine Facebook account, and not create multiple Facebook accounts with the purpose of accessing individual InvibeUp campaigns;</li>
<li class="legal-item">hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.</li>
</ul>
</div>
<h2>Your Account & InvibeUp Profile</h2>
<div class="legal-content">You will need to register by creating an account with InvibeUp by allowing a InvibeUp application to connect through your Facebook profile in order to publish Content on the Site or obtain access to certain Services, including gift promotions. If you choose to create a InvibeUp profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. Access to the InvibeUp Site and Services is done through your Facebook credentials or by a log in process, and should not be authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by InvibeUp may not register for an account, nor may you designate any of those individuals to use your account on your behalf.</div>
<div class="legal-content">InvibeUp relies on Facebook Connect to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using Facebook Connect, we will rely on that Facebook account and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your Facebook Connect. Please notify us immediately if you become aware that your Facebook account is being used without authorization.</div>
<h2>Non-Confidentiality, Security & Privacy</h2>
<div class="legal-content">You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by InvibeUp, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Gift, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Gift, other than your credit card information, may be disclosed by us to the InvibeUp participating retailers for their commercial purposes including to provision their gift promotions.</div>
<div class="legal-content">Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our <a href="http://www.invibe.me/privacy.html">Privacy Policy</a>.</div>
<div class="legal-date">
Updated 15 Jan 2013
</div>
<h2></h2>
<div class="legal-content">Welcome to InvibeUp, a gifting service that allows you to give and receive real gifts (from now on Gifts) instantly from/ to your friends based on their location and straight for your mobile phone. InvibeUp is a product of Invibe Limited, incorporated and registered in England and Wales with company number 08100480</div>
<div class="legal-content">The following terms and conditions (the “Agreement”) which form a binding agreement between you and InvibeUp Limited referenced in section “Contracting Party & Governing Law”, which is sometimes referred to as “InvibeUp”, “we”, “us” or “our.” Please review the following terms carefully. By using the mobile and desktop web pages, applications or any of InvibeUp’s Services, you are agreeing to these terms, as well as our Privacy Policy (published here), and all of these terms will govern your use of the mobile and desktop web pages, applications and our Services. If you do not agree to these terms, you must cease use of the mobile and desktop web pages, applications and our Services. The term “you” refers to the person accessing or using the mobile and desktop web pages, applications and our Services, or the company or organization on whose behalf that person accesses the mobile and desktop web pages, applications or our Services.</div>
<h2>Our Services</h2>
<div class="legal-content">InvibeUp allows people to digitally gift and receive small items (e.g. a pint of beer, a cupcake, ticket, etc.) based on the sender/ receptor location to your friends in Facebook, contact list or to the people nearby you at that moment. The Services include the opportunity for you to purchase gift promotions (as described below) to use for the products and services of third party merchants. The Services and Site are collectively referred to here as “InvibeUp”.</div>
<h2>Access</h2>
<div class="legal-content">Subject to these Terms of Service, InvibeUp may offer to provide the Services, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services InvibeUp performs for you, any applications or widgets offered by InvibeUp that you download from the Site or from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by InvibeUp, as well as the offering of any materials displayed or performed on or through the Services.</div>
<h2>Equipment</h2>
<div class="legal-content">End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. InvibeUp shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.</div>
<h2>Conditional Use of Our Site & Services</h2>
<div class="legal-content">Your permission to use InvibeUp is conditioned upon your agreement that you:
<br/>
<ul class="legal-list">
<li class="legal-item">are 13 years of age or older;</li>
<li class="legal-item">will comply with these Terms of Service;</li>
<li class="legal-item">will not copy or distribute any part of InvibeUp in any medium without InvibeUp’s prior written authorisation;</li>
<li class="legal-item">will provide accurate information when creating an account or registering for our Services;</li>
<li class="legal-item">are solely responsible for your User ID and the activity that occurs while signed in to or while using InvibeUp using your User ID;</li>
<li class="legal-item">must always use common sense when using our service;</li>
<li class="legal-item">will not use InvibeUp to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;</li>
<li class="legal-item">will not use the communication systems provided by or contacts made on InvibeUp for any commercial solicitation purposes;</li>
<li class="legal-item">are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;</li>
<li class="legal-item">represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorise InvibeUp to use any and all Content submitted by you to InvibeUp in accordance with the licenses granted in this Agreement;</li>
<li class="legal-item">hereby grant each InvibeUp user, whether using InvibeUp or an application authorised by InvibeUp but developed via a third-party developer, a non-exclusive license to access the Content you submit through InvibeUp and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through InvibeUp’s functionality and under these Terms of Service;</li>
<li class="legal-item">will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to InvibeUp;</li>
<li class="legal-item">will only access InvibeUp using your true and genuine Facebook account, and not create multiple Facebook accounts with the purpose of accessing individual InvibeUp campaigns;</li>
<li class="legal-item">hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.</li>
</ul>
</div>
<h2>Your Account & InvibeUp Profile</h2>
<div class="legal-content">You will need to register by creating an account with InvibeUp by allowing a InvibeUp application to connect through your Facebook profile in order to publish Content on the Site or obtain access to certain Services, including gift promotions. If you choose to create a InvibeUp profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. Access to the InvibeUp Site and Services is done through your Facebook credentials or by a log in process, and should not be authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by InvibeUp may not register for an account, nor may you designate any of those individuals to use your account on your behalf.</div>
<div class="legal-content">InvibeUp relies on Facebook Connect to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using Facebook Connect, we will rely on that Facebook account and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your Facebook Connect. Please notify us immediately if you become aware that your Facebook account is being used without authorization.</div>
<h2>Non-Confidentiality, Security & Privacy</h2>
<div class="legal-content">You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by InvibeUp, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Gift, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Gift, other than your credit card information, may be disclosed by us to the InvibeUp participating retailers for their commercial purposes including to provision their gift promotions.</div>
<div class="legal-content">Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our <a href="http://www.invibe.me/privacy.html">Privacy Policy</a>.</div>
<div class="legal-content">Any communications between you and InvibeUp, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.</div>
<h2>Rules Regarding Information & Other Content</h2>
<div class="legal-content">When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others, and you agree not to post or use any Content in any manner that:
<br/>
<ul class="legal-list">
<li class="legal-item">infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;</li>
<li class="legal-item">violates the privacy, publicity, or other rights of third parties;</li>
<li class="legal-item">is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by InvibeUp in its sole discretion;</li>
<li class="legal-item">is false or inaccurate; or</li>
<li class="legal-item">could damage our company, parent company, sister companies, affiliates or other parties.</li>
</ul>
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
</div>
<h2>General Rules of User Conduct</h2>
<div class="legal-content">It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
<br/>
<ul class="legal-list">
<li class="legal-item">conduct or promote any illegal activities while using the Site or Services;</li>
<li class="legal-item">upload, distribute or print anything that may be harmful to minors;</li>
<li class="legal-item">attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;</li>
<li class="legal-item">attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;</li>
<li class="legal-item">upload or transmit any form of virus, worm, Trojan horse, or other malicious code;</li>
<li class="legal-item">use the Site or Services to generate unsolicited advertisements or spam;</li>
<li class="legal-item">use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or</li>
<li class="legal-item">impersonate another user.</li>
</ul>
InvibeUp assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text. If at any time InvibeUp chooses, at its sole discretion, to monitor the Service, InvibeUp nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
<br/>
The Service may include various forums, messages and chat features where you can post User Content. InvibeUp cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. InvibeUp shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
</div>
<h2>Links To Third Party Sites</h2>
<div class="legal-content">We don’t have control over websites that InvibeUp may link to. InvibeUp may contain links to third party websites that are not owned, operated, or controlled by InvibeUp. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using InvibeUp you expressly relieve us from any and all liability arising from your use of any third party website.</div>
<h2>Gift Promotions</h2>
<div class="legal-content">InvibeUp provides consumers with the ability to purchase gift promotions to be used at third party merchants (“Merchants”).</div>
<h2>How It Works</h2>
<div class="legal-content">InvibeUp allows its users to purchase and send Gift to be used in-store with participating Merchants. Users’ friends who receive Gifts redeem the specific gifts and services gifted by using a QR / Bar code or a unique reference number associated with each individual Gifts in-store at the participating Merchant locations where this Gifts is valid. Users’ friends are defined by friends available through the users’ Facebook account or the person directly associated with the mobile phone number or email address entered by the user at purchase of the Gifts.</div>
<div class="legal-content">By placing an order for a given Gift, you agree to purchase the Gift you have selected on the terms, restrictions and conditions associated with Gift. Once you’ve placed your order, you will receive a confirmation of the purchase and your credit card or debit card will be charged for the amount of the paid Gift. Once the purchase is confirmed the Gift will be sent to the selected friend using InvibeUp’s platform. You are required to register an account with InvibeUp in order to purchase or redeem any Gift. An account is required so we can collect information to allow you to pay for your Gift and provide you with easy access to your friends list, view your past purchases, and modify your preferences.</div>
<h2>The Gift & Expiry Date</h2>
<div class="legal-content">Each Gift is to be used for the specific products and services gifted and can only be used at the specified participating Merchant stores in one visit. The Gift is not valid for cash backs (except in regions where this is required by law).</div>
<div class="legal-content">The expiration date for a Gift is as printed or displayed on the Gift. If the expiration of the Gift as of the date printed on the Gift is prohibited under the law of the jurisdiction in which the Merchant is located, then the Gift shall expire five (5) years from the date the Gift is issued, except to the extent applicable law requires that the Merchant extend the period in which the Gift may be redeemed.</div>
<div class="legal-content">The Merchant is obligated to honor the Gift in compliance with law. If the Merchant refuses to honor the Gift before the legally permitted expiration date, then InvibeUp will refund the amount of the paid Gift in the form of a credit for future gift promotions. In order to receive the credit, you must provide the following information in writing to support@invibe.me: (a) identification of the Gift and Merchant with whom you sought to redeem the Gift, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Gift, and (c) a statement, under penalty of perjury, that the Gift has never been redeemed with the Merchant.</div>
<h2>Gift Specific Terms</h2>
<div class="legal-content">Each Gift can come with specific terms associated with the Gift, which will be presented to you at the time you commit to purchase the particular Gift and in connection with the Gift after its been distributed. Gift specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.</div>
<h2>Global Terms</h2>
<div class="legal-content">Unless otherwise stated in the Gift or required by law, the following additional terms apply to all gift promotions:
<br/>
<ul class="legal-list">
<li class="legal-item">no cash back or credit will be issued for partial redemption of the specific products and services on the Gift, except as required by law;</li>
<li class="legal-item">use of a Gift for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Gift;</li>
<li class="legal-item">gift promotions cannot be used for taxes, tips, prior balances, shipping or handling, as applicable;</li>
<li class="legal-item">neither InvibeUp nor the Merchant is responsible for lost or stolen gift promotions or unique Gift reference numbers;</li>
<li class="legal-item">duplicate use, sale or trade of a gift promotions is strictly prohibited, except as required by law; and</li>
<li class="legal-item">unless otherwise stated at the time a Gift is purchased, the Gift price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Gift.</li>
</ul>
</div>
<h2>Merchant Responsibility</h2>
<div class="legal-content">To be clear, InvibeUp markets the gift promotions and acts an as agent in selling the gift promotions on behalf of the Merchants. But the Merchant is the issuer of the Gift. As issuer of the Gift, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed gift promotions. By purchasing a Gift, a customer acquires the right to redeem a Gift issued by the participating Merchant and to use the Gift according to its terms and the terms of this Agreement. Whether the user chooses to redeem the Gift prior to its expiry date is within the user’s sole control and at the user’s sole discretion.</div>
<h2>Promotions of Gifts</h2>
<div class="legal-content">From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase gift promotions or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.</div>
<h2>Products Available For Sale</h2>
<div class="legal-content">The Site and mobile application could be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. InvibeUp reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Gift for any product or service to a person residing in any jurisdiction or geographical area. InvibeUp does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.</div>
<h2>Refunds</h2>
<div class="legal-content">InvibeUp will provide a refund of the purchase price paid by you for any Gift within 7 days after the purchase of a Gift, provided that the Gift has not yet been redeemed. After 7 days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Gift before the applicable expiration of the Gift because the relevant Merchant has gone out of business.</div>
<h2>Limited Number Gift Promotions</h2>
<div class="legal-content">Some of the gift promotions are provided for a limited number of purchasers or a limited number of purchases. Any attempt by a purchaser to obtain more than the permitted number of gift promotions specified by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person’s purchases. InvibeUp will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.</div>
<h2>Termination</h2>
<div class="legal-content">We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any gift promotions issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Gift. InvibeUp may suspend, block or terminate your account if suspicious and fraudulent behavior is discovered. InvibeUp reserves the right to cancel and remove any gift promotions being delivered to and from a suspicious account.</div>
<h2>Disclaimers of Warranty</h2>
<div class="legal-content">We provide the Site and Services “as is”, “with all faults” and “as available.” We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. To the maximum extent permitted by law, we and our officers, directors, agents, vendors, and Merchants disclaim implied warranties that the Site and Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that InvibeUp will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of InvibeUp, including any Services or deals, will be effective, reliable, accurate or meet your requirements. We make no warranties as to privacy and security other than as expressly stated in the Privacy Policy. We do not guarantee that you will be able to access or use the Site or Services at times or locations of your choosing. No oral or written information or advice given by a InvibeUp representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.</div>
<h2>Limitations of Liability</h2>
<div class="legal-content">Your sole and exclusive remedy for any dispute with us is to discontinue your use of InvibeUp. In no event shall our liability, or the liability of our affiliates, officers, directors, agents, vendors, or Merchants, for any and all claims relating to the use of the Site and Services exceed the total amount of fees that you paid us during the previous one-year period for the specific service at issue. We, our affiliates, officers, directors, agents, vendors, and Merchants, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Site and Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors, and Merchants, shall be limited to the extent permitted by law.</div>
<h2>Indemnity</h2>
<div class="legal-content">You agree to defend, indemnify and hold harmless InvibeUp, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to InvibeUp; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of InvibeUp.</div>
<h2>Reservation of Rights & Release</h2>
<div class="legal-content">InvibeUp reserves the right, but has no obligation, to monitor, or take any action InvibeUp deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “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.”</div>
<h2>Intellectual Property</h2>
<div class="legal-content">You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “InvibeUp” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.</div>
<div class="legal-content">The Content on InvibeUp, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by InvibeUp. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to InvibeUp, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by InvibeUp is provided to you “As Is” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.</div>
<div class="legal-content">As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.</div>
<h2>Electronic Communications</h2>
<div class="legal-content">The communications between you and InvibeUp use electronic means, whether you visit the Site or send us emails, or whether InvibeUp posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from InvibeUp in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that InvibeUp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.</div>
<h2>Entire Agreement, Changes to this Agreement & Waivers</h2>
<div class="legal-content">These Terms of Service, together with the <a href="http://www.invibe.me/privacy.html">Privacy Policy</a> and any other legal notices published by InvibeUp on the Site or any Gift, shall constitute the entire agreement between you and InvibeUp concerning InvibeUp. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of InvibeUp’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of InvibeUp. No purported waiver or modification of this Agreement by InvibeUp via telephonic or email communications shall be valid.</div>
<h2>Contracting Party & Governing Law</h2>
<div class="legal-content">This Agreement is between you and InvibeUp Limited, incorporated and registered in England and Wales with 08100480 This Agreement shall be governed by and interpreted, construed and enforced in all respects in accordance with English law and the Parties hereby submit to the exclusive jurisdiction of the English courts.</div>
<h2>Force Majeure</h2>
<div class="legal-content">InvibeUp shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of InvibeUp, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond InvibeUp’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.</div>
<h2>General Terms</h2>
<div class="legal-content">You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.</div>
<div class="legal-content">You and InvibeUp agree that any cause of action arising out of or related to InvibeUp must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.</div>
<div class="legal-content">You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please cease use of InvibeUp.</div>
<div class="legal-content">The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.</div>
<div class="legal-content">Contact Us</div>
<div class="legal-content">Please feel free to contact InvibeUp anytime using the email support@invibe.me </div>
<div class="legal-content">Any communications between you and InvibeUp, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.</div>
<h2>Rules Regarding Information & Other Content</h2>
<div class="legal-content">When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others, and you agree not to post or use any Content in any manner that:
<br/>
<ul class="legal-list">
<li class="legal-item">infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;</li>
<li class="legal-item">violates the privacy, publicity, or other rights of third parties;</li>
<li class="legal-item">is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by InvibeUp in its sole discretion;</li>
<li class="legal-item">is false or inaccurate; or</li>
<li class="legal-item">could damage our company, parent company, sister companies, affiliates or other parties.</li>
</ul>
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
</div>
<h2>General Rules of User Conduct</h2>
<div class="legal-content">It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
<br/>
<ul class="legal-list">
<li class="legal-item">conduct or promote any illegal activities while using the Site or Services;</li>
<li class="legal-item">upload, distribute or print anything that may be harmful to minors;</li>
<li class="legal-item">attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;</li>
<li class="legal-item">attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;</li>
<li class="legal-item">upload or transmit any form of virus, worm, Trojan horse, or other malicious code;</li>
<li class="legal-item">use the Site or Services to generate unsolicited advertisements or spam;</li>
<li class="legal-item">use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or</li>
<li class="legal-item">impersonate another user.</li>
</ul>
InvibeUp assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text. If at any time InvibeUp chooses, at its sole discretion, to monitor the Service, InvibeUp nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
<br/>
The Service may include various forums, messages and chat features where you can post User Content. InvibeUp cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. InvibeUp shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
</div>
<h2>Links To Third Party Sites</h2>
<div class="legal-content">We don’t have control over websites that InvibeUp may link to. InvibeUp may contain links to third party websites that are not owned, operated, or controlled by InvibeUp. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using InvibeUp you expressly relieve us from any and all liability arising from your use of any third party website.</div>
<h2>Gift Promotions</h2>
<div class="legal-content">InvibeUp provides consumers with the ability to purchase gift promotions to be used at third party merchants (“Merchants”).</div>
<h2>How It Works</h2>
<div class="legal-content">InvibeUp allows its users to purchase and send Gift to be used in-store with participating Merchants. Users’ friends who receive Gifts redeem the specific gifts and services gifted by using a QR / Bar code or a unique reference number associated with each individual Gifts in-store at the participating Merchant locations where this Gifts is valid. Users’ friends are defined by friends available through the users’ Facebook account or the person directly associated with the mobile phone number or email address entered by the user at purchase of the Gifts.</div>
<div class="legal-content">By placing an order for a given Gift, you agree to purchase the Gift you have selected on the terms, restrictions and conditions associated with Gift. Once you’ve placed your order, you will receive a confirmation of the purchase and your credit card or debit card will be charged for the amount of the paid Gift. Once the purchase is confirmed the Gift will be sent to the selected friend using InvibeUp’s platform. You are required to register an account with InvibeUp in order to purchase or redeem any Gift. An account is required so we can collect information to allow you to pay for your Gift and provide you with easy access to your friends list, view your past purchases, and modify your preferences.</div>
<h2>The Gift & Expiry Date</h2>
<div class="legal-content">Each Gift is to be used for the specific products and services gifted and can only be used at the specified participating Merchant stores in one visit. The Gift is not valid for cash backs (except in regions where this is required by law).</div>
<div class="legal-content">The expiration date for a Gift is as printed or displayed on the Gift. If the expiration of the Gift as of the date printed on the Gift is prohibited under the law of the jurisdiction in which the Merchant is located, then the Gift shall expire five (5) years from the date the Gift is issued, except to the extent applicable law requires that the Merchant extend the period in which the Gift may be redeemed.</div>
<div class="legal-content">The Merchant is obligated to honor the Gift in compliance with law. If the Merchant refuses to honor the Gift before the legally permitted expiration date, then InvibeUp will refund the amount of the paid Gift in the form of a credit for future gift promotions. In order to receive the credit, you must provide the following information in writing to support@invibe.me: (a) identification of the Gift and Merchant with whom you sought to redeem the Gift, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Gift, and (c) a statement, under penalty of perjury, that the Gift has never been redeemed with the Merchant.</div>
<h2>Gift Specific Terms</h2>
<div class="legal-content">Each Gift can come with specific terms associated with the Gift, which will be presented to you at the time you commit to purchase the particular Gift and in connection with the Gift after its been distributed. Gift specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.</div>
<h2>Global Terms</h2>
<div class="legal-content">Unless otherwise stated in the Gift or required by law, the following additional terms apply to all gift promotions:
<br/>
<ul class="legal-list">
<li class="legal-item">no cash back or credit will be issued for partial redemption of the specific products and services on the Gift, except as required by law;</li>
<li class="legal-item">use of a Gift for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Gift;</li>
<li class="legal-item">gift promotions cannot be used for taxes, tips, prior balances, shipping or handling, as applicable;</li>
<li class="legal-item">neither InvibeUp nor the Merchant is responsible for lost or stolen gift promotions or unique Gift reference numbers;</li>
<li class="legal-item">duplicate use, sale or trade of a gift promotions is strictly prohibited, except as required by law; and</li>
<li class="legal-item">unless otherwise stated at the time a Gift is purchased, the Gift price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Gift.</li>
</ul>
</div>
<h2>Merchant Responsibility</h2>
<div class="legal-content">To be clear, InvibeUp markets the gift promotions and acts an as agent in selling the gift promotions on behalf of the Merchants. But the Merchant is the issuer of the Gift. As issuer of the Gift, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed gift promotions. By purchasing a Gift, a customer acquires the right to redeem a Gift issued by the participating Merchant and to use the Gift according to its terms and the terms of this Agreement. Whether the user chooses to redeem the Gift prior to its expiry date is within the user’s sole control and at the user’s sole discretion.</div>
<h2>Promotions of Gifts</h2>
<div class="legal-content">From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase gift promotions or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.</div>
<h2>Products Available For Sale</h2>
<div class="legal-content">The Site and mobile application could be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. InvibeUp reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Gift for any product or service to a person residing in any jurisdiction or geographical area. InvibeUp does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.</div>
<h2>Refunds</h2>
<div class="legal-content">InvibeUp will provide a refund of the purchase price paid by you for any Gift within 7 days after the purchase of a Gift, provided that the Gift has not yet been redeemed. After 7 days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Gift before the applicable expiration of the Gift because the relevant Merchant has gone out of business.</div>
<h2>Limited Number Gift Promotions</h2>
<div class="legal-content">Some of the gift promotions are provided for a limited number of purchasers or a limited number of purchases. Any attempt by a purchaser to obtain more than the permitted number of gift promotions specified by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person’s purchases. InvibeUp will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.</div>
<h2>Termination</h2>
<div class="legal-content">We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any gift promotions issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Gift. InvibeUp may suspend, block or terminate your account if suspicious and fraudulent behavior is discovered. InvibeUp reserves the right to cancel and remove any gift promotions being delivered to and from a suspicious account.</div>
<h2>Disclaimers of Warranty</h2>
<div class="legal-content">We provide the Site and Services “as is”, “with all faults” and “as available.” We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. To the maximum extent permitted by law, we and our officers, directors, agents, vendors, and Merchants disclaim implied warranties that the Site and Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that InvibeUp will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of InvibeUp, including any Services or deals, will be effective, reliable, accurate or meet your requirements. We make no warranties as to privacy and security other than as expressly stated in the Privacy Policy. We do not guarantee that you will be able to access or use the Site or Services at times or locations of your choosing. No oral or written information or advice given by a InvibeUp representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.</div>
<h2>Limitations of Liability</h2>
<div class="legal-content">Your sole and exclusive remedy for any dispute with us is to discontinue your use of InvibeUp. In no event shall our liability, or the liability of our affiliates, officers, directors, agents, vendors, or Merchants, for any and all claims relating to the use of the Site and Services exceed the total amount of fees that you paid us during the previous one-year period for the specific service at issue. We, our affiliates, officers, directors, agents, vendors, and Merchants, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Site and Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors, and Merchants, shall be limited to the extent permitted by law.</div>
<h2>Indemnity</h2>
<div class="legal-content">You agree to defend, indemnify and hold harmless InvibeUp, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to InvibeUp; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of InvibeUp.</div>
<h2>Reservation of Rights & Release</h2>
<div class="legal-content">InvibeUp reserves the right, but has no obligation, to monitor, or take any action InvibeUp deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “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.”</div>
<h2>Intellectual Property</h2>
<div class="legal-content">You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “InvibeUp” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.</div>
<div class="legal-content">The Content on InvibeUp, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by InvibeUp. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to InvibeUp, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by InvibeUp is provided to you “As Is” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.</div>
<div class="legal-content">As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.</div>
<h2>Electronic Communications</h2>
<div class="legal-content">The communications between you and InvibeUp use electronic means, whether you visit the Site or send us emails, or whether InvibeUp posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from InvibeUp in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that InvibeUp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.</div>
<h2>Entire Agreement, Changes to this Agreement & Waivers</h2>
<div class="legal-content">These Terms of Service, together with the <a href="http://www.invibe.me/privacy.html">Privacy Policy</a> and any other legal notices published by InvibeUp on the Site or any Gift, shall constitute the entire agreement between you and InvibeUp concerning InvibeUp. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of InvibeUp’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of InvibeUp. No purported waiver or modification of this Agreement by InvibeUp via telephonic or email communications shall be valid.</div>
<h2>Contracting Party & Governing Law</h2>
<div class="legal-content">This Agreement is between you and InvibeUp Limited, incorporated and registered in England and Wales with 08100480 This Agreement shall be governed by and interpreted, construed and enforced in all respects in accordance with English law and the Parties hereby submit to the exclusive jurisdiction of the English courts.</div>
<h2>Force Majeure</h2>
<div class="legal-content">InvibeUp shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of InvibeUp, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond InvibeUp’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.</div>
<h2>General Terms</h2>
<div class="legal-content">You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.</div>
<div class="legal-content">You and InvibeUp agree that any cause of action arising out of or related to InvibeUp must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.</div>
<div class="legal-content">You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please cease use of InvibeUp.</div>
<div class="legal-content">The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.</div>
<div class="legal-content">Contact Us</div>
<div class="legal-content">Please feel free to contact InvibeUp anytime using the email support@invibe.me </div>
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