JABA TERMS OF USE POLICY

Welcome to Jaba!

To protect your own interests you must read and understand the following important rules before using Jaba.

Please note in particular:

You can communicate with us using the link on the Support page at www.jaba.social. (“Website Contact Page”)

All activity on Jaba is public. If you register or make a contribution on Jaba it will be visible by anyone on the Jaba site and app.

We do not moderate Jaba – it may contain material you find offensive. If you find anything unlawful on Jaba, please let us know by means of the Website Contact Page.

If you are uncertain as to your rights under these rules or you want any explanation about them please get in touch by means of the Website Contact Page. We are N-Apps Ltd, the provider of the Jaba service. We are a limited company registered in England and Wales under company number 10423459 and we have our registered office at 7 - 9 The Avenue, Eastbourne, East Sussex, United Kingdom, BN21 3YA. Our main trading address is 14 Buckleigh Road, London, SW16 5SA. Our VAT number is [TBC]. These rules apply to all visitors to, and users of, Jaba.

  1. Introduction
    1. These terms and conditions of use (the Rules) explain how you may use the Jaba service, either by means of our website at www.Jaba.Social or our Jaba mobile and tablet app (Jaba). You should read these Rules carefully before using Jaba. By accessing, using or submitting any material to Jaba (or otherwise indicating your consent), you agree to be bound by these Rules and the documents referred to in them. If you do not agree with or accept any of these Rules, you should cease using Jaba immediately. If you have any questions about Jaba, please contact us through the Website Contact Page.
    2. The Rules are in addition to our Acceptable Use Policy [www.jaba.social/sign_up/terms/Acceptable_Use_Policy]; our Privacy Statement [www.jaba.social/sign_up/terms/Privacy_Policy]; and our Cookies Policy [www.jaba.social/sign_up/terms/Cookies_Policy].
    3. When we refer to ‘Content’ in these Rules that means any text, images, video, audio or other multimedia content, software or other information or material submitted to, or accessible from, Jaba including, but not limited to, any contributions made by other users of Jaba.
    4. Jaba is constantly evolving. We may change these Rules at any time. Please be sure to check these Rules regularly; we will make efforts to update all Users with an account on Jaba of any changes.
    5. Jaba is not a place to comment on private individuals. Comments, review tags, posts and channels must be limited to matters of general public interest and not any private individual.
  2. Additional Terms
    1. We may add to or replace these Rules with additional terms and conditions (‘Additional Terms’) which relate to specific Content on Jaba. Additional Terms will be made available on relevant pages of Jaba. You should therefore check Jaba from time to time to check to see whether any Additional Terms apply to you. Additional Terms will prevail to the extent there is any conflict or inconsistency with any other of these Rules.
  3. Intended users of Jaba
    1. Jaba is intended for users over the age of 16 years. If you are under the age of 16 you may not use Jaba.
    2. You are responsible for the security of your password. Choose a strong one. If you suspect it has been compromised, please use the ‘Forgot Password’ function in the app to reset it.
  4. Accessibility
    1. 4.1 Our goal is to make Jaba as accessible as possible. If you have any problems accessing Jaba or the content contained on it, please contact us at [www.Jaba.social].
  5. How to submit contributions
    1. If you wish to post any contribution made to Jaba, including a direct message to another User, review, channel creation (Contribution) you need to register at [www.jaba.social] or via the Jaba app.
    2. When you make a Contribution it will be available for Users to see, and it will be associated with the profile information you provided to us when you registered.
    3. You agree that:
      • any Content you supply to us has been lawfully provided to us (in particular, it is not in breach of any intellectual property rights of any third parties) and that you have all necessary consents to provide this to us;
      • your name and other profile information you gave us when you registered may be disclosed to all users of and visitors to Jaba, with any such Content (including with regards to anonymous posts); and
      • we may place advertising in your news feed or otherwise place advertising in Jaba.
    4. You agree that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Statement.
  6. Acceptable Use
    1. Jaba is for your personal and non-commercial use only. You agree, when using Jaba, to abide at all times by the Acceptable Use Policy.
    2. We may stop or suspend your access to Jaba if you do not comply with any part of these Rules or any applicable law.
    3. We will decide, acting reasonably, whether any Contribution breaches any of these Rules.
    4. Jaba is not a secure means of communication and any information that you supply to us will not be kept confidential. Therefore:
      • you should not make any Contribution which you regard as being confidential, commercially sensitive or valuable
      • by making a Contribution, you agree that, subject to our Privacy Statement, we may use any such information at any time in any manner we see fit (including reproduction, transmission, publication, broadcast, modifying, and posting) on a free of charge basis. We will not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such Contributions.
  7. Moderation of Jaba; Acceptable Use Policy
    1. Jaba is not moderated by us. We do not endorse any Content on Jaba. We reserve the right to remove any Content at any time without prior notice.
    2. You must abide by our Acceptable Use Policy. We require Users to abide by our Acceptable Use Policy.
  8. Ownership, use and intellectual property rights
    1. Jaba and all intellectual property rights in Jaba are owned by us and/or our licensors. Our licensors include authors of Wikipedia articles from which we source items including the text abstract for use in relation to Jaba tags, and the owners of any images sourced from Wikipedia in respect of individual tags.
    2. As between us and you, you own all rights to your Contributions.
    3. Other Contributions are owned by the Users who made them, subject to any pre-existing rights in the Contribution.
    4. We reserve all our intellectual property rights in Jaba (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
    5. Except in respect of items sourced from Wikipedia (see below at section 15), nothing in these Rules grants you any rights in Jaba other than as is necessary to enable you to access Jaba and you agree not to adjust, try to get around or side-step or delete any digital rights or other security technology embedded or contained within any Content.
    6. Unless you are expressly permitted by law, you must not reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make Jaba available to any third party or otherwise publish, deep-link, create derivative works from or exploit Jaba in any way.
  9. Accuracy of Content and availability of Jaba
    1. We make no promise that either Jaba or any Content is or remains:
      • available
      • accurate
      • complete
      • up to date
      • free from any virus or malware
      • free from any bugs, errors or omissions
    2. Any reliance you may place on the information on Jaba is at your own risk. You should make all such reasonable enquiries as are necessary (including with any qualified third parties) and take all such reasonable steps to protect yourself if you wish to rely on any information in any Contribution. The Content is provided for your general information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    3. While we make commercially reasonable efforts to ensure that Jaba is available, we do not promise in any way Jaba’s continued availability at all times or uninterrupted use by you of Jaba. We may suspend or terminate the operation of Jaba at any time at our sole discretion although we will make reasonable efforts to let you know if we are going to suspend or terminate the operation of Jaba.
  10. Hyperlinks and third party sites
    1. Jaba contains links and references to third party websites or services. Any such links or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any link and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
  11. Limit on our responsibility to you
    1. Except for any legal responsibility that we cannot lawfully exclude (such as for death or personal injury), we are not legally responsible for any:
      • losses that:
        • (a) were not foreseeable to you and us when you agreed to these Rules; or
        • <(b) that were not caused by any breach of these Rules on our part; or/li>
      • business losses; or
      • losses to non-consumers.
  12. General
    1. We will have no liability to you for any breach of these Rules caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
    2. If any part of these Rules is unenforceable the enforceability of any other part of these Rules will not be affected.
    3. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
    4. Except for our group companies, affiliates, directors, employees or representatives, a person who is not a party to these Rules has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Rules but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
    5. These Rules (together with our Acceptable Use Policy and our Privacy Policy) contain the entire understanding and agreement between us and you in relation to your use of Jaba. You confirm that you have not relied upon any statement or other communication whether written or otherwise made by us (any ‘Representations’) in connection with these Rules. They replace any Representations which are not contained in these Rules.
    6. Except for fraud or fraudulent misrepresentation, we will have no liability to you for any Representations being untrue or misleading.
    7. You may not transfer any of your rights and duties in these Rules to any other person. (This includes, but is not limited to, a transfer by way of assignment or sublicence.)
    8. We will try to resolve any disputes with you quickly and efficiently.
    9. If you are unhappy with any matter under these Rules please contact us as soon as possible.
    10. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
      • let you know that we cannot settle the dispute with you; and
      • give you certain information required by law about our alternative dispute resolution provider.
    11. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract
    12. Relevant United Kingdom law will apply to this contract, but nothing in these terms is intended to affect any mandatory rights you may enjoy in your own jurisdiction, including any mandatory rights as a consumer.
  13. Apple Mandatory Terms.
    1. If you download the Jaba app from the Apple iTunes App Store, the following terms also apply to you:
    2. Acknowledgement: Both of us acknowledge this constitutes an agreement between you and us only, and not with Apple, and we, not Apple, are solely responsible for the App and the content thereof.
    3. Scope of Licence: This Licence granted to you for the App is limited to a non- transferable license to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”).
    4. Maintenance and Support: We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement. We and you both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    5. Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
    6. Product Claims: We and you acknowledge that We, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    7. Intellectual Property Rights: You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
    8. Legal Compliance and Export: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    9. Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
  14. Wikipedia Content
    1. Certain text abstracts and other items for channel headings are sourced from Wikipedia. Any such content is available for reuse under Creative Commons Attribution-ShareAlike 4.0 International Public License.