Terms of Service | Cribber

Terms of Service

Effective: Nov 16, 2016.

Thanks for using Cribber.

Please read these Terms of Service (“Terms”) carefully. By using Cribber or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

Skirr Pty Ltd (“Company”, “we” or “us”) provide the Cribber Service (“Cribber” or the “Service”), including the website http://cribber.com (the “Site”) and our related mobile applications (“Apps”), subject to these Terms.

This agreement is applicable to (a) “Owners” - this includes Primary Owners who initially set up a Cribber Service account (“Owner Account”) and other Owners that are granted ownership privileges by the Primary Owner; (b) Administrators - those who manage an Owner Account or select Teams on behalf of an Owner (“Administrators” or “Admins”) (Owners and Admins, collectively “Admin Users”), and to c) “Users” - users who are invited to join existing Teams by an Admin User, but have their own User account (“User Account”). The term “you” encompasses all users, both Admin Users and Users.

If you are entering into these Terms on behalf of a company or business, you represent that you have the authority to bind such entity. If you do not have such authority, or if you do not agree with these Terms, you may not use the Service.

We reserve the right to update and change these Terms without notice.

Privacy

We value your privacy. We designed our privacy policy to make important disclosures to you about how we collect and use the information you share on Cribber. We encourage you to read the Privacy Policy and use the information it contains to help you make informed decisions.

Account Terms

You are eighteen (18) years of age or older and have full power and authority to enter into and comply with these Terms.

You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all software, data, text, images, audio, video and other content (“Content”) posted and activity that occurs under your account (even if Content is posted by someone else using your account), and you have all rights necessary to upload all Content uploaded to the Service through your account (“Your Content”) to the Service and to grant us the right to provide the Service in connection with Your Content.

Your Content and your other activities in connection with the Service do not and will not violate, infringe, or misappropriate any third party’s intellectual property right, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

You will not use the Service for any illegal purposes, and you will not violate any applicable laws (including without limitation any data, privacy or export control laws).

As a User, upon accepting an invite to a Team via one of the Apps, you agree to adhere to any rules, guidelines or codes of conduct set out by the Owner of the Team. This includes, but is not limited to, the sharing and disclosure of the Owner’s Content you receive via the Service. You agree to share your usage of the Service with the Owner of the Team.

As a User, when you acknowledge a bulletin by tapping the acknowledge button, are entering into a legally binding agreement between you and the Owner stating you have read, understand and agree to comply with the contents of said bulletin.

Admin Users must have a valid email address. Users must have a valid mobile phone number.

Admin Users must have the permission of each User to use the User’s mobile number for use of the Service.

You will not provide any false personal information on or through the Service, or create an account for anyone other than yourself without permission.

Your login will only be used by one person, and you will not share a single login with any other person.

Payment, Refunds, Upgrading and Downgrading Terms

User Accounts are always free for the User, the remainder of the terms and conditions in this section apply to Owner Accounts only.

Owner Accounts have a 30 day free trial. A valid credit card is required after the 30 day period if you wish to continue using the Service regardless of plan type. The amount and nature of access you have to Your Content at the end of the 30 day free trial is at the sole discretion of Company and can change at any time.

Paying accounts are billed at the start of each billing cycle and all payments are non-refundable. If an account is cancelled, you will not be refunded for the remainder of the billing cycle.

If you upgrade or downgrade your plan type or quantity, the credit card that you provided will automatically be charged the new rate on your next billing cycle.

When you increase the quantity of your plan during a billing cycle the additional cost will be added to your next bill. If you decrease the quantity of your plan during a billing cycle the reduction in cost will be deducted from your next bill.

Downgrading your Service may cause the loss of content, features, or capacity of your account. We will have no liability for such loss. We will try to notify you if this will happen.

Fees do not include taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties. This excludes Australian accounts where GST will be collected.

You may change the credit card being used any time in the Billing section of the Account page for your account.

You may, with prior Company approval, be invoiced for payment by bank transfer. Company and Owner will mutually agree the conditions for payment, invoicing, support and cancellations, which may take precedence over these Terms.

Cancelling and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time from the Account page. The Account page provides a simple no-questions-asked cancellation link.

If you cancel your Owner Account before the end of your current billing month, your account will be cancelled immediately and you will not be refunded for the remainder of the billing cycle.

The Company has the right to suspend or terminate your account and refuse any and all use of the Service for any reason at any time. Such termination of the Service will result in the termination of your account or your access to your account, and of all Your Content in your account.

The Company reserves the right to refuse registration and use of the Service to anyone for any reason at any time.

Modifications to the Service and Prices

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

Prices of all paying plans are subject to change. You will receive 30 days notice from us. Notice may be provided at any time by posting the changes to the Service (including the Site).

The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

All Your Content must comply with all applicable law, including all intellectual property laws.

We claim no intellectual property rights over Your Content. Your Content remains yours. However, if you or anyone else makes any of Your Content public, you agree to allow others to view and share Your Content. In addition, you hereby grant to us a worldwide, non-exclusive, sublicenseable, royalty-free right and license to fully exercise and exploit Your Content (in whole or in part) in connection with our provision of the Service.

The Company does not screen Content, but the Company has the right (but not the obligation) in its sole discretion to refuse or remove any Content, or to terminate or suspend any account that the Company determines in its sole discretion contains Content that is illegal, obscene, objectionable or violates any party’s intellectual property or this Terms of Service. The Company also reserves the right to access your account in order to respond to your requests for technical support.

From time to time you may give the Company suggestions or feedback about the Service. If you do so, you hereby grant to the Company a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, paid-up, irrevocable right (including moral rights) and license to fully exercise and exploit such suggestions or feedback (and all related rights) for any purpose.

The Service and all Content available on the Service is protected by intellectual property laws. Other than Your Content, you have no rights in or to any such Content, and you will not use, copy or display such Content except as permitted under this Agreement in connection with the Service. The Service (including the look and feel thereof) is protected by intellectual property laws, and except for the limited right to access and use the Service as permitted through your account, no license or other right under any intellectual property rights of the Company or any of its affiliates is granted to you in connection with the Service. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without expressed written permission from the Company.

Security

You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to the Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. We try to keep the Service bug-free and secure; however, we cannot guarantee that we will be successful in doing so, so your use of the Service is at your own risk. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. The Company will have no liability to you for any unauthorized access to or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

General Conditions

You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit the Service or make the Service available to any third party; (b) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with the Company or any of its affiliates, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

You will comply with any codes of conduct, policies or other notices the Company provides you or publishes on the Service, and you shall promptly notify the Company if you learn of a security breach related to the Service.

If you violate the letter or spirit of this Terms of Service, or otherwise create possible legal exposure for the Company or any of its affiliates, we can stop providing all or part of the Service to you. We will generally try to notify you, but have no obligation to do so. You may delete your account for the Service at any time.

The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the Service will be corrected.

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, safety incidents, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) or any other matter relating to the Service.

You shall defend, indemnify, and hold harmless the Company and its affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of Your Content that is uploaded, posted or otherwise transmitted to or through the Service, or your other access, contribution to, use or misuse of the Service. The Company shall provide notice to you of any such claim, suit or demand. The Company reserves the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.

The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

Technical support is only provided via email, unless otherwise mutually agreed between Company and Owner.

Questions about the Terms of Service should be sent to [email protected].