Last Modified Aug 14, 2019
These Terms of Service (these “Terms”) are entered into by and between You and JIVEWORLD SPC ("JIVEWORLD," "we," or "us"), and govern your access to and use of jiveworld.com, lupa.app, and any of our other websites that directly link to these Terms (collectively, the “Site”), and the related mobile apps and services (collectively with the Site, the “Service”).
The Service is offered and available to users who are 13 years of age or older. By accessing or using the Service, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Service.
Jiveworld may modify these Terms from time to time, at its sole discretion, with modifications noted by updating the date these Terms were last modified. All such modifications are effective immediately when we post them, and apply to all access to and use of the Service thereafter.
Your continued use of the Service following the posting of revised Terms will constitute your acceptance of and agreement to such revised Terms, and you will be bound by the revised Terms.
When you register for an account with us, you warrant that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by Us if, in our opinion, you have violated any provision of these Terms.
Subscriptions. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
Renewal. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you or Jiveworld cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Jiveworld’s customer support team at [email protected].
Purchases. Some parts of the Service are billed on a one-time basis ("Purchase(s)"). Purchases may give you access to certain features and content for a fixed period (e.g.., one year, etc.). Unlike Subscriptions, these one-time Purchases do not entail a recurring charge.
Payment Method. You must provide a valid payment method (e.g., credit card, etc.) to which Subscription fees may be charged. You will provide accurate and complete billing information including full name, country, zip code, and valid payment method information. By submitting payment information, you are authorizing Jiveworld to charge Subscription fees, and any applicable taxes, incurred through your account to such payment method.
Fee Changes. Jiveworld, in its sole discretion and at any time, may modify Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Jiveworld will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee.
Refunds. Refund requests for Subscriptions may be considered by Jiveworld on a case-by-case basis and granted in Jiveworld’s sole discretion.
Free Trial. Jiveworld may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you enter your billing information when signing up for the Free Trial, you will not be charged by Jiveworld until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. Jiveworld reserves the right, at any time and without notice, to (a) modify the terms of the Free Trial offer, or (b) cancel such Free Trial offer.
You may download and make copies of the contents of the Service and other downloadable materials available from the Service solely for private use subject to these Terms. Downloading, copying, or otherwise storing any contents or materials from the Service for any reason other than for private use is expressly prohibited without Jiveworld’s prior written permission. You agree that you will not download, copy, or use any contents or materials from the Service for any other purpose, including, but not limited to, publication, public display, or public distribution.
You are responsible for making all arrangements necessary for you to have access to the Service.
We reserve the right to withdraw or modify the Service, and any content or services we may provide via the Service, in our sole discretion and without notice. We may also restrict access to some or all of the Service, at any time and to any user or users. We will not be liable if for any reason any part of the Service is unavailable at any time or for any period.
The Service and all of its contents (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Jiveworld, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No right, title, or interest in or to the Service or any contents or materials on the Service is granted or transferred to you except as expressly set forth herein, and all rights not expressly granted herein are reserved by Jiveworld. Any use of the Service not expressly permitted by these Terms constitutes a breach of these Terms and may violate copyright, trademark, and other laws.
These Terms permit you to use the Service for your personal, non-commercial use only. Except as expressly provided herein, you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the contents of the Service, except as follows:
You must not:
If you print, copy, modify, download, publicly display or distribute, or otherwise use any contents or materials from the Service in breach of these Terms, we may immediately terminate your right to use the Service, and you must, at our option and at our request, return or destroy any and all copies of contents or materials from the Service in your possession.
Jiveworld, Bolero and all related trade names, logos, product and service names, designs, and slogans are trademarks of Jiveworld or its affiliates. You may not use such trademarks without our prior written permission.
All other names, logos, product and service names, designs, and slogans on the Service, including but not limited to Lupa and Radio Ambulante, are the trademarks of their respective owners.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
Additionally, you agree not to:
If we learn or reasonably suspect that you, or others under your control or direction, have used the Service in a manner prohibited herein, we may block, suspend, terminate, or withhold your access to the Service as we deem appropriate in our sole discretion.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any users of the Service or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS JIVEWORLD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JIVEWORLD DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER JIVEWORLD OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material from the Service. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We will have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties, including materials provided by third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Jiveworld, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Jiveworld’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION PRESENTED VIA THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, JIVEWORLD, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY NATURE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE AND INFORMATION PRESENTED VIA THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING TO FOREGOING, JIVEWORLD PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE OR ANY INFORMATION PRESENTED VIA THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DOCUMENTS, MATERIALS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JIVEWORLD AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS ($100). ALL CLAIMS WITH RESPECT TO ANY LIABILITY RELATED TO THESE TERMS WILL BE AGGREGATED TO DETERMINE SATISFACTION OF SUCH LIMIT, AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE FOREGOING LIMITATION. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless Jiveworld and its affiliates, and each of its and their respective officers, directors, employees, agents, successors and assigns (each, an “Indemnitee”) from and against any and all losses incurred by such Indemnitee in connection with any claim or action by a third party arising out of or relating to any: (a) content that you upload, post, email, transmit or otherwise make available via the Service; (b) your breach of any of your representations, warranties, covenants or obligations under these Terms; or (c) negligence or any more culpable act or omission (including recklessness or willful misconduct) by you in connection with these Terms or their subject matter.
You agree that we may, without notice, terminate, suspend, or otherwise limit your access to the Service for cause. Cause for such termination, suspension, or other limitation of access will include but not be limited to: (a) any material breach of these Terms or other incorporated agreements or guidelines; (b) any request by law enforcement or other government agency; (c) unexpected technical or security issues or problems; and (d) your engagement in fraudulent or illegal activities. Further, you agree that all terminations, suspensions, or other limitations of access for cause will be made in our sole discretion, and we will not be liable to you or any third party for any termination, suspension, or other limitation of your access to the Service. We are not responsible for any loss or damage arising out of your failure to comply with these Terms or the steps that may be required as a consequence of any actual or perceived breach or other violation of these Terms by you. Termination will not limit any of Jiveworld’s rights or remedies at law or in equity.
Notices. Jiveworld may provide you with notices, by email, regular mail, or similar methods regarding the Service. For all requests and notices regarding the Service, your communication must be sent via email to [email protected].
Choice of Law and Forum. You and Jiveworld each agree that these Terms and any dispute arising out of or relating to these Terms will be governed by the laws of the State of California without regard to its conflict of law provisions.
Any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, and in which Jiveworld is a party, will be settled by arbitration administered by the American Arbitration Association or its successor in accordance with its Commercial Arbitration Rules or other applicable rules as determined by the arbitrator(s). Arbitration proceedings will be conducted in Marin County, California in the English language, and, at the request of either party, result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator(s). The costs of arbitration will be borne equally by the parties. Judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Legal Expenses. In the event that any action, suit, or other legal or administrative proceeding arising out of or relating to these Terms is instituted or commenced by either party against the other party, the prevailing party will be entitled, in addition to any other rights or remedies it may have, to recover its expenses relating to such proceeding from the non-prevailing party, including reasonable attorneys’ fees, court costs, and arbitration fees and expenses.
Waiver and Severability of Terms. The failure of Jiveworld or you to exercise or enforce any right or provision of these Terms will 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 endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of Limitations. Each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Service or to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Site is operated by Jiveworld SPC, 100 Shoreline Hwy, Bldg B, Ste 100, Mill Valley, CA 94941-3645, USA.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [email protected].