JIBIDEE.COM -- TERMS OF USE

Last Updated: June 9, 2008

Jibidee.com is a free, private, secure place to write down and keep track of all the little stuff in one’s life…and share if you want. Jibidee.com ("the Site") is owned and operated by Webcarnation, LLC, a U.S. based company ("we", "our", "us", or "the Company"). By accessing or using the website, you signify that you have read, understand and agree to these terms of use.

We reserve the right to modify these terms of use and if we do we will update the effective date posted at the top of this page. Your continued use after such said changes constitutes your acceptance. It is your responsibility to check back for changes to these terms. If you do not agree to these terms or future terms, do not use or access the site.

We are highly committed to user privacy. For more information, please review our Privacy Policy document.

You represent, warrant and agree that no materials submitted through your account or shared by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

You agree to not contact other Site users for the purpose of sending unsolicited emails or marketing. You agree to not use the Site in a way that damages the Site itself or use automated scripts to interact with the Site. You agree to not register for an account on behalf of another person or impersonate another person or misrepresent information about yourself. You agree to not post or share any private or sensitive information about a third party. You agree to not use or attempt to use another’s account.

Jibidee is not responsible for the content that users save to the Site and share with others. Jibidee does not screen or review user content and cannot guarantee that information shared to another user is actually coming from the person represented. Users may enter links to third party websites and share with other users. We are not responsible for the content of third party websites accessed through this site.

You are solely responsible for the information that you enter on the Site and/or share with other users and you are solely responsible for your interactions with others on the Site. If a user contacts us regarding another user that is using the website to propagate offensive material, solicit or harass other users, we will investigate by looking at the specific information in question, from the share recipient’s account, with their permission. We will not access the account of the accused offending party without their permission. If our investigation confirms the complaint, we reserve the right to suspend or terminate the account with or without prior notice.

You are responsible for making backups of information you post on the Site and you hereby authorize us to make copies as necessary for site function and storage. By using the Site, you are granted a license to access and use the Site for which you have properly gained access provided that you adhere to all terms included herein. This license is revocable at any time without notice, with or without cause.

You may not post, modify, distribute or reproduce in any way any material, trademarks or other proprietary information belonging or copyrighted by others without permission. If you believe your copyright material and/or intellectual property has been infringed upon, please contact us at contact@jibidee.com and we will investigate and take appropriate action.

With the exception of user-entered data ("user content"), all aspects of the Site are the proprietary property of the Company with all rights reserved and may not be modified, copied, distributed, framed, republished, downloaded, displayed, transmitted or sold in any form by any means, in whole or in part, without the prior written permission of the Company.

To purchase a subscription plan on the Site, you must be a registered user and accept responsibility for maintaining the security of and restricting access to your account and password. You agree to accept responsibility for any purchases made under your account. We only sell subscription plans to those that are legally able to make purchase with a credit card. If you are under 18, you may make a purchase only with the involvement of a parent or guardian. We reserve the right to refuse or cancel orders at any time. By submitting a credit card order on the site, you authorize the Company and it payment processor to charge the credit card the purchase amount.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.

YOUR USE OF THE SITE ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE COMPANY AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY USER MAKES ANY WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR EXPECTATIONS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS OR OTHER PARTNERS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM, DEMAND, LOSS, DAMAGE, COST, OR LIABILITY, INCLUDING LEGAL FEES. ARISING OUT OF OR RELATING TO ANY CONTENT YOU SUBMIT, YOUR USE OR MISUSE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY IS AWARE OR HAS BEEN NOTIFIED OF POSSIBILITY), RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA AND (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY.

THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Your account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part. The Company may terminate your membership, delete your profile and any content or information that you have submitted for any reason, or no reason, at any time in its sole discretion, with or without notice.

The failure of the Company to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

These Terms shall be governed by the laws of the State of Florida without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Tampa, FL. You hereby waive any right to a jury trial of any such dispute.

These Terms, which incorporate the Site’s Privacy Policy, constitutes the entire agreement between you and the Company and governs your use of the Site, superseding any prior agreements (whether written or oral) between you and the Company regarding the subject matter hereof. The Company may assign these Terms to any successor or purchaser of the Company.

If you have questions or would like to contact the Company regarding this agreement, we can be reached at contact@jibidee.com or 1-888-582-7759 or PO Box 261074, Tampa, FL 33685.