User conduct

You must use your Account in a responsible manner and respect other Users’ privacy. You must not access or use the Platform or the Services to:

• sublicense, sell, rent, lend, lease or distribute the Platform or any Intellectual Property Rights therein, or otherwise make the Platform available to any third party
• permit timesharing, service bureau use or commercial exploitation of the Services
• violate any applicable law or Intellectual Property Right
• threaten the security or functionality of the Platform
• create, collect, transmit, store, use or process any data:
• that you do not have the lawful right to create, collect, transmit, store, use or process
• that violates any applicable laws, or infringes, violates or otherwise misappropriates the Intellectual Property Rights or other rights of any third party (including any moral right, privacy right or right of publicity)
• that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data
• attempt to reverse engineer, de-compile or disassemble the Platform
• access or use the Platform for the purpose of building a similar or competitive product or service
• upload, post or otherwise make available any material that contains viruses, malware or other malicious software
• perform any vulnerability, penetration or similar testing of the Platform
• promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam
• promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class
• engage in any activity that may reasonably injure or adversely reflect on the name, goodwill or reputation of iBcartor any User
• make any false representation, including creation of a false identity, impersonation of any person or entity or misrepresentation of your affiliation with any person or entity
• track, trace, harvest, or otherwise collect or store any information, including personal information, on any Account or any other User of the Platform, without the express consent of such User

Communications

You are solely responsible for any communications on the Platform to other Users. In sending or posting any User content or communications (“User Content”) to third parties on the Platform, User represents that: (a) it is the sole owner of or has all rights necessary for such User Content; (b) the User Content does not infringe or violate the rights of any third party; and (c) the User Content is truthful and accurate. We reserve the right to use and retain User Content, including for backup, archival, and audit purposes. No User may use the Platform to transmit any emails in violation of CAN-SPAM, including email: (i) with a “from line” that is materially false or misleading or does not accurately identify the person sending the email; (ii) with a subject line that is misleading, false, or misrepresentative or is likely to mislead the recipient about the content of the email; or (iii) that does not include a clear and conspicuous identification that the email is an advertisement or solicitation, a clear and conspicuous notice of the opportunity to decline to receive further communications, the name or registered fictitious business name of User, and a valid physical postal address of the User. With respect to calls, faxes, text, SMS, MMS, or social media messages (collectively, “SMS Marketing”), no User may use the Platform to engage in SMS Marketing except to contact those who have provided “prior express written consent,” as that phrase is defined in the TCPA, to be contacted via SMS Marketing. Each User must maintain, under commercially reasonable standards, records of, and must promptly comply with, any unsubscribe, opt out, or do not call request. To the extent that IBcartprovides any suppression list to a User, User shall regularly scrub its database(s) against such list no less than every seven days and shall not send any communications to anyone on such list. IBcartshall have no liability for the deletion or failure to store User Content, messages, or other content or communications or transaction information that is maintained or transmitted by the Services.

Applicable laws

By creating an Account and using the Platform, you agree to comply with these Terms and all applicable laws (“Applicable Laws”), including all federal, state, local, and foreign statutes, laws, ordinances, rules, and regulations, including the Telephone Consumer Protection Act, 47 U.S.C. § 227, as amended, and its implementing regulations and applicable F.C.C. rulings and orders (collectively, “TCPA”), CAN-SPAM Act of 2003 (“CAN-SPAM”), California’s Anti-Spam Act, Cal. Bus. & Prof. Code § 17529 et seq. (“California’s Anti-Spam Act”), the Federal Trade Commission Act and related rules, regulations, and guidelines (collectively, “FTC Act”), any applicable credit card merchant guidelines, child protection laws, laws regarding unfair and deceptive acts and practices, intellectual property and proprietary rights, defamation, and privacy, including if applicable the California Consumer Privacy Act (“CCPA”), Cal. Civil. Code § 1798.100 et seq., international laws, including if applicable the United Kingdom Data Protection Act of 1998 (as amended) (“UK Data Protection Act”), the General Data Protection Regulation (GDPR) (EU) 2016/679 (“GDPR”) as amended and adopted by the UK and member states of the EU, and all related directives, acts, and regulations, and all federal laws, regulations, rules, and undertakings prohibiting or restricting the export or re-export of the Services or User Content outside of the United States. For the sake of clarity, in using the Platform, User may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or violate any restrictions, laws, or regulations of the United States Department of Commerce or Department of Treasury Office of Foreign Assets Control or any other United States or foreign agency or authority.

Ownership rights

Intellectual property rights of iBcart

All graphics, logos, designs, page headers, button icons, scripts, and service names appearing on the Sites are registered and unregistered service marks, trademarks, trade names, or trade dress of iBcartor its Affiliates in the U.S. and/or other countries (collectively, “Trademarks”). Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media pages may be used by organizations and third party sites in connection with journalistic promotion of our Services. But we prohibit commercial applications unless we approve in writing. Nothing on these Sites can be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Trademarks, logo or service mark without our prior written permission. All proprietary rights and goodwill in our Trademarks shall inure to the benefit of IBcart. The Sites and all their content, including text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. We reserve all rights not expressly granted in and to the Sites and their content.

Limited license to user

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable right to (i) access and utilize the Platform and Services made available to you, and (ii) access and view any Content of other Users which you are permitted access. You represent, warrant and agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Content of other Users, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by iBcartor its licensors, except for the rights expressly granted in these Terms.

Rights granted to iBcart

By making any of your Content available on or through the Platform or your use of our Services, you hereby grant to iBcarta worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, to use, edit, view, copy, adapt, modify, distribute, host, market, transfer, display, perform, transmit, stream, broadcast, access, and otherwise fully utilize such Content on the Platform as currently exist or may be developed in the future. iBcartdoes not claim any ownership rights in any Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. For the avoidance of doubt, the license granted in this paragraph applies to your Content on the Platform, and does not grant iBcarta license to use your Content on third party media services and applications, or sublicense your Content to Brands, other Users or third parties except as may be authorized by you.

Digital Millennium Copyright Act

If you are a copyright owner or an agent and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C § 512(c)(3) for more information):

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website location are covered by a single notification, a representative list of such works at that Site
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
• information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

You may send us your request to contact@ibcart.com. If you fail to comply with all these requirements, your DMCA notice may not be valid.

Advertisements

iBcartmay include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Platform. By clicking on the advertisements, you may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that iBcartis not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.