Terms & Conditions
Thank you for using our tools to create a better future. This document explains our terms of use of the Services (as defined below) from the date specified above. By using jabberBrain, you agree to all the rules laid out below.
1. Subject
These Terms of Use are a legal agreement between any visitor and/or user (“User”) and jabberBrain and govern the use of and access to jabberBrain’s websites, applications, online information, or any website or online property owned or controlled by jabberBrain, including sites that may use a non-jabberBrain brand or mark), or any online property or related link(s) including any community sites (collectively the Site”). By accessing, browsing and/or using this Site, User acknowledges having read, understood and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If the User does not agree to these Terms of Use, the User shall not use the Site. Areas of the Site may have different terms of use posted. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to the User’s use of that area of the Site.
2. Ownership
The Site is owned, controlled and operated by jabberBrain or its subsidiaries or affiliates. Except as otherwise provided on the Site, all rights, titles and interests (including all copyrights, trademarks and other intellectual property rights) in this Site belong to jabberBrain or another party that has licensed their material to jabberBrain. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights.
All materials on the Site, including, without limitation, names, logos, trademarks, texts, graphics, photographs, artwork, icons, images, logos, audio, downloads, data, compilations, illustrations, software and other elements making up the Site, including any video material produced or provided on the Site by jabberBrain (the “jabberBrain Videos”), (collectively, “Content”) belong to jabberBrain or the original creator and are protected by copyrights, trademarks or other intellectual property rights owned and controlled by jabberBrain or by other parties that have otherwise provided their material to jabberBrain in accordance with applicable international and/or local copyright laws and regulations.
3. jabberBrain’s obligations
jabberBrain shall take the utmost care for the operation and maintenance of the Site and only uses trustful sources that it deems reliable. jabberBrain does not guarantee and shall not be liable for any interrupted operations of the Site, the accuracy and update of its Content. jabberBrain shall do its best efforts to keep the Site accessible at any time. jabberBrain may interrupt access to the Site for maintenance, upgrade or other purposes.
4. Location
jabberBrain controls and operates the Site from its offices in the European Union. jabberBrain makes no representation that materials in the Site are appropriate or available for use in other locations, and access to any Site from a location where access to its contents may be illegal is prohibited. User is responsible for compliance with any local laws that may affect its actions in gaining access to the Site.
5. Use of the Site
5.1 License Terms
jabberBrain grants to the User a limited, nonexclusive right to access and make personal use of the Site and the materials and information contained on the Site.
5.2 Restrictions
Except as stated herein, the User may not : (i) may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise the material or information on the Site, without the prior written permission of jabberBrain or the copyright owner, (ii) use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, (iii) use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others, (iv) without jabberBrain’s permission, “mirror” any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. Use of the Content
6.1 Materials
User may copy, distribute and download the materials on the Site for personal, noncommercial use only, provided (i) User does not modify the materials and (ii) that User retains all copyright and other proprietary notices contained in the materials. This permission terminates automatically if the User breaches any of these terms or conditions. Upon termination, the User must immediately destroy any downloaded and printed materials. Except as stated herein, Use may not delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the Sites or any part of the Content for any purpose other than its intended one is strictly prohibited.
6.2 Videos
User may display, perform, redistribute and otherwise exploit the videos on the Site under a worldwide, royalty-free, revocable and non-exclusive license from jabberBrain (“User License”) provided User complies with the following restrictions: (i) User may not alter or edit the jabberBrain Videos in any way, or combine the jabberBrain Videos with other materials, without the prior written permission of jabberBrain. To request permission, please contact info@jabberbrain.com. (ii) User must include any copyright notices, disclaimer of warranties, tags and other disclosures and identifiers required by jabberBrain, (iii) User may not use the jabberBrain Videos on any website or in any other medium, or in connection with any activity, that is sexually explicit, violent, derogatory, profane, defamatory; promotes alcohol, illegal drugs, tobacco, weapons, unsafe activities or a political message; promotes any non-jabberBrain brand or product; infringes on the rights of any third party; or violates any law, (iv) User may not offer for sale, assign or impose any terms on the jabberBrain Videos that alter, restrict or are inconsistent with the terms of the User License or these Terms of Use. jabberBrain also reserves the right to terminate any User License at any time, and to no longer make the jabberBrain Videos available for license. In the event of termination of a User License by jabberBrain, the User agrees to immediately cease the use of the jabberBrain Videos, and if requested by jabberBrain notify jabberBrain of any uses made of the jabberBrain Videos.
7. Creation of Accounts
A User may register on the Site to create an account fulfilling the information required on the relevant online form available on the Site. Any User fulfilling such forms shall have the capacity to do so. jabberBrain reserves its right to check any information provided. The User shall be responsible for all Content posted and activity that occurs under your account. That includes Content posted by others who either: (a) have access to its login credentials, or (b) have their own logins under its account. The User shall be responsible for maintaining the security of their account and password. jabberBrain cannot and will not be liable for any loss or damage from the User’s failure to comply with this security obligation. The registration on the Site shall not be construed as a subordination relationship or an employer/employee relationship.
8. Use of Community Sites
8.1 Definition
A “Community Site” is a Site that consists of a discussion group, chat area, bulletin board, news group, letter to jabberBrain, its webmaster or employees, or e-mail function offered as part of the Site. Community Sites are not commercial sites, although they may be used to link you to a commercial Site. Except to the extent provided here, Community Sites are subject to these Terms of Use in all respects. In the event of a conflict between the Terms of Use set forth above and the terms in this section, the terms in this section shall govern. User agrees that all information submitted at registration on this Community Site is accurate and that it is the User’s responsibility to keep it current. If jabberBrain has reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, jabberBrain reserves its right to suspend or terminate your Community Site account. It is the User’s responsibility to maintain the confidentiality of their account information and is responsible for all use of the Community Site accessed through it. User acknowledges and agrees that jabberBrain may send User important information and notices regarding its account and the Community Site by email, text messaging or other means based on the information provided by User. jabberBrain reserves the right, but undertakes no duty, to review and/or approve all content submitted, and to block, edit or remove any content that jabberBrain determines to be in violation of these Terms of Use or otherwise in our sole discretion. To report violations of these Terms of Use, please write to info@jabberbrain.com. jabberBrain reserves the right in our sole discretion to terminate or restrict User’s use of the Site, without notice, for any or no reason, and without liability to User or any third party. jabberBrain also reserves the right to discontinue any part of the Site at any time.
8.2 License
User grants to jabberBrain and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other information, content or materials you submit to any Community Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to User or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of jabberBrain or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The license shall also permit jabberBrain and its designees to use portions of the Materials submitted, re-record or modify any audio tracks or visual images provided, rewrite any Materials submitted, and/or incorporate other materials, either created by jabberBrain and its designees or licensed from third parties, with the Materials submitted. Any such works shall be deemed Materials owned by jabberBrain and shall not be subject to User’s approval or payment by jabberBrain of any compensation to User. jabberBrain shall have the right, but not the obligation, to use User’s name, photograph, likeness, voice, performance, biography and other information about User in connection with the Materials submitted. The User also agrees that jabberBrain is free to use any of the Materials or any comments, information or ideas contained in any content or communication submitted to jabberBrain or the Community Site, without notice, compensation or acknowledgement to User, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Community Site and developing products and services. User agrees that the Materials submitted fully comply with these Terms of Use, including that its Materials are original with User and accurate and do not violate the rights of any third party or applicable law or ordinance. If it is determined that the User has violated any of these terms you may be barred from accessing the Community Site and jabberBrain may pursue any remedies available.
9. Claims of Copyright Infringement
If the User believes that its work has been copied on the Site in any way without permission, reach out to us at info@jabberbrain.com. Please provide us with the following information: (i) Contact details (address, telephone number and e-mail address) (ii) A description of the work that has been allegedly infringed; (iii) Identification of the work which allegedly infringes the copyrighted work and a description of where it is located on the Site; (iv) A statement in good faith explaining that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; and (v) A statement explaining, under penalty of perjury, that the information provided above is accurate and that the User is the copyright owner or authorized to act on the copyright owner’s behalf.
10. Rules of Conduct
While using the site, the User understands and agrees that: (i) Its use of the Site, including any content submitted, will comply with all applicable laws (including but not limited to laws governing competition, trade, false advertising and export control) and these Terms of Use, (ii) User shall not impersonate any other person or submit content on behalf of any other person or entity, (iii) User shall not submit content in exchange for payment or consideration received from any third party, (iv) shall not collect information about other Site users without their consent, (v) User shall treat other Site users with respect (vi) User shall not submit any content that:Infringes on the intellectual property rights or other rights of any person or entity;Intentionally interferes with the Site’s operation;Violates any person’s privacy or publicity rights or breaches any duty of confidentiality owed to anyone or provides any nonpublic information about jabberBrain or any other company or person without authorization (including the names and contact information for jabberBrain employees and Site users);Is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole judgment);Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; orContains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, third-party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation or part of an “affiliate” program as determined by jabberBrain in its sole discretion. In addition, the User shall not:distribute software viruses or other code, files or programs designed to interfere and/or harm the proper functioning of any software, hardware or equipment of jabberBrain,interfere with the proper functioning of the services of the Site;bypass any measure which aims at protecting the Site;try to damage or get unauthorized access to any system, data, password, or other information available on the Site;take any action that overloads our infrastructure (like DoS attacks), or on our third-party providers;use any kind of software or device to “crawl” or “spider” any part of the Site; andtake apart or reverse engineer any aspect of jabberBrain in an effort to access things like source code, underlying ideas, or algorithms.
11. Disclaimers
The Site and all information and material contained on the Site or made available through the Site are provided on an “as is” and “as available” basis. Any software made available on the Site is warranted, if at all, only according to the additional terms and conditions that accompany the software. jabberBrain makes no other representations or warranties of any kind whatsoever and disclaims all other warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, noninfringement or operation. jabberBrain does not guarantee the Site and the material and information contained on the Site will be without error or defect. The User is fully responsible for their use of the Site.
12. Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence shall jabberBrain be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on the site, even if jabberBrain or its authorized representative has been advised of the possibility of such damages. jabberBrain shall not be liable for (i) the interruption and its consequences for Users, (ii) for the opinions, advice or other Content exchanged in the context of the Services, (iii) in case of gross negligence or fraud, for any act or omission, non-performance, misrepresentation, partial performance or delay in the performance of the obligations of any User towards another User or third party or to any loss or costs arising thereof, (iv) for any force majeure event and the consequences arising thereof. If the User’s use of materials from the site results in the need for servicing, repair or correction of equipment or data, the User assumes any and all costs thereof. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
13. Indemnification
User agrees to indemnify, defend, and hold harmless jabberBrain and its parent companies, affiliates, subsidiaries, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to User’s use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right, or due to or arising out of content submitted, post, transmit or make available through the Site.
14. Privacy
Any processing of Personal Data by jabberBrain related to the Site shall be governed by the Privacy Policy available HERE and incorporated herein by reference. The User shall review the Privacy Policy. The User is entirely responsible at all times for maintaining the confidentiality and protection of its accounts and password information if such information is applicable to its use of the Site. The User is also responsible for adequately restricting the use and access to its computer, smartphone, or other device used to access the Site and all activity that occurs under its account due to its failure to protect such information. To exercise its rights under the GDPR, the User shall reach out to jabberBrain at info@jabberbrain.com or as detailed in the Privacy Policy.
15. Transmission of materials
Any material, information or idea transmitted to or posted on the Site by any means will be treated as nonconfidential and nonproprietary, and may be disseminated or used by jabberBrain or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. jabberBrain may monitor, record or otherwise capture and maintain a record of its site session for quality control or for purposes relating to its visitors and as disclosed to User at the time of its visit. Notwithstanding the foregoing, all personal data provided to or captured by jabberBrain online will be handled in accordance with jabberBrain’s Privacy Policy. User is prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
16. Hyperlink Disclaimers
The Site may provide links to other websites operated by other entities (collectively, the “Linked Sites”). If the User uses any Linked Site, the User will leave the Site. If the User decides to visit any Linked Site, the User does so at its own risk. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by jabberBrain. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored or endorsed by jabberBrain. jabberBrain does not endorse or make any representation regarding or warrant any information, goods and/or services appearing or offered on any Linked Site. Links do not imply that jabberBrain or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Linked Sites, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of jabberBrain or any of its affiliates or subsidiaries. jabberBrain is neither responsible for nor will it be liable under any theory based upon any Linked Site, any information or content found on any Linked Site, or any site linked to or from any Linked Site.
17. Termination
jabberBrain may also terminate these Terms of use, without prior notice in case of breach of User, fraud, misrepresentation, inappropriate or illegal behavior (including on the communication tool (i.e. insults etc.)) or if the information provided is untrue or inaccurate. Upon termination, jabberBrain shall delete from the Site any account, publication and Content with respect to the relevant User.
18. Assignment
jabberBrain may assign to any third party of its choice all or part of its rights and obligations under the Terms of use, which the User accepts. Users shall not assign any of their rights and obligations under the Terms of use to any third party, without the prior consent of jabberBrain.
19. Dispute Resolution
In case of any dispute, the User shall send an email to: info@jabberbrain.com. jabberBrain will do its best to find a solution. In the absence of an answer during a 60 days period, the User may refer the dispute to a competent jurisdiction.
20. Governing Law and Competent jurisdiction
Parties agree that these Terms of use are governed by the laws of Portugal without regard to conflicts of laws principles. Any dispute related to these Terms of use shall be submitted to the exclusive jurisdictions of Portugal. These Terms of use are published by jabberBrain, registered with the Companies Register of Lisbon under NICP number 516.981.137, with its registered office Rua José Augusto Coelho 74-2, Vila Nogueira de Azeitão, 2925-538, Setúbal, Portugal.
21. Notification
Any notice, demand or communication made in accordance with these Terms of Use shall be made in writing to the relevant Party. Notifications addressed to jabberBrain shall be addressed to: (i) Address: Rua José Augusto Coelho 74-2, Vila Nogueira de Azeitão, 2925-538, Setúbal, Portugal (ii) Email: info@jabberbrain.com. Notifications addressed to the User shall be provided to the email address provided by the User.
22. General Provisions
These Terms of Use shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between User and jabberBrain regarding its use of the Site.
23. Modification
jabberBrain may at any time revise these Terms of Use by updating this posting. These Terms of Use shall enter into force as from their publication on the Site and shall remain in full force and effect until they are amended. By using the Site, the User agrees to be bound by any such revisions and should, therefore, periodically visit this page to determine the then-current Terms of Use.
© 2024 by jabberBrain. All rights reserved.
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