Version 1.0 / Effective May 12, 2016
Iboga is a live-streaming app for friends and public. Iboga broadcasts your moments live with your Facebook friends and people all over the world (public).
These Terms of Service (Terms) govern your access to and use of Iboga, operated and provided by Mobileman Ltd (Mobileman) including any Iboga mobile applications and websites and any information, text, photos or other materials uploaded, downloaded or appearing on Iboga (collectively referred to as Content). Your access to and use of Iboga is conditioned on your acceptance of and compliance with these Terms. By accessing or using Iboga you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of Iboga, for any Content you post to Iboga, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services. You should only provide Content you are comfortable sharing with others under these Terms.
You may use Iboga only if you can form a binding contract with Mobileman. You may use Iboga only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you are accepting these Terms and using Iboga on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
The form and nature of Iboga may change without prior notice to you. In addition, Mobileman may stop (permanently or temporarily) providing Iboga (or any features within Iboga) to you or to users generally.
MobileMan has the right to limit the length, bandwidth and other vital parameters of live video streaming at any time at our sole discretion without prior notice to you. Additional services may be provided to you which includes advertisement services to maintain Iboga as a free app.
3. Access Credentials
You can solely login to Iboga with your Facebook account. You are fully responsible for protecting the credentials you use to access Iboga and for any actions and activities under your account. We will use reasonable efforts to comply with the technical care so that data users are always safe. Mobileman cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You can deauthorize your permissions anytime through your Facebook account.
4. Content on Iboga
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via Iboga and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Iboga or obtained by you through Iboga is at your own risk.
The use of Iboga is 100% free. Enjoy Iboga and do not use Iboga for any unlawful purposes or illegal activities. Do not use Iboga to spam or stalk anyone. Do not post pornographic or sexual content. Do not publish explicitly graphic content or media that is intended to incite violent, illegal or dangerous activities. Do not abuse, harass or post others private, confidential information. Do not publish another persons private or confidential information.
When live-streaming your live moments, all users should above all always make sure:
A. First to respect each other and
B. Comply with the generally accepted etiquette.
Contributions, the hate, crime, violence or racism (or organizations with such views) contain or promote, are not desirable in Iboga and therefore prohibited.
We take no responsibility for the accuracy, quality, completeness, timeliness or similar content and data on Iboga. Each user is solely responsible for its content. Any liability on the part Mobileman is excluded, eventualities limited to the statutory minimum. The disclaimer and limitation of liability shall also cover any possible personal liability of its officers, employees and auxiliary persons of Mobileman.
5. Your Rights
You retain your rights to any Content you pass to Iboga, post or display on or through Iboga. In order to make Iboga available to you and other users, Mobileman needs a license from you. By submitting, posting or displaying Content on or through Iboga, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
As a user of Iboga you grant us by the contract transferable, content, spatially and temporally unlimited right and license to use your data and information. In particular, you grant us the right to store and process the data. Mobileman gives his users on the use of Iboga simple, anytime revocable, non-transferable, content, spatially and temporally limited rights of use to the present conditions. By this Terms or by the use of Iboga any other contract conditions as the existing or any social relations be justified under any circumstances. The options granted by the users right positions and data remain with us even after the termination of this Agreement.
Your content is owned by you, but granting us this license allows us to connect you with a public audience and with your Facebook friends to enable a unique user experience and service for live-streaming.
You agree to indemnify Mobileman and its officers, employees and assistants from any liability and all costs, if Mobileman and its officers, employees and auxiliary persons for whatever legal reasons relating to Iboga related to a user’s activities of other users or third is prosecuted. The user also undertakes to support Mobileman in connection with the assertion of claims against third parties or against other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License to Use Iboga
Mobileman gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Mobileman as part of the Iboga Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of Iboga as provided by Mobileman, in the manner permitted by these Terms.
7. Iboga Rights
Iboga is protected by national and international copyright, trademark, and other laws. Mobileman reserves all rights not expressly granted in these Terms.
8. Restrictions on Content and Use of Iboga
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Iboga, to suspend or terminate users without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary. You may use Iboga only as provided by Mobileman, in the manner permitted by these Terms.
9. Copyright Policy
Iboga respects the IP (intellectual property rights) of all users and expects its users to do the same. If there are any infringed copyright allegations, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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; and (vi) 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 copyright owner.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Mobileman as follows. You may end your legal agreement with Mobileman at any time for any reason by deauthorizing Iboga from your Facebook account and discontinuing your use of Iboga. We may suspend or terminate your accounts or cease providing you with all or part of Iboga Services at any time for any reason without prior notice and at our sole discretion without liability to you.
Mobileman can change the users provided services and the rights to use Iboga any time, restrict, suspend or individually or set a whole. As a result, your data will be partially or completely removed or access to your data is prevented. Any liability for any loss of data or the restriction of access to the data is excluded. In a lockout, restriction, suspension, etc. of your account, you can not log in again without the express consent in writing of Mobileman.
11.Disclaimers and Limitations of Liability
Iboga is available AS-IS. Your access to and use of Iboga or any Content is at your own risk. Mobileman DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Mobileman make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability etc. of Iboga or any Content; any harm to your computer system, devices, loss of data, or other harm that results from your access to or use of Iboga, or any Content.
Iboga Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for these links.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IBOGA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE IBOGA; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON IBOGA, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM IBOGA; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE LIABILITY OF MOBILEMAN EXCEED THE GREATER OF ONE HUNDRED SWISS FRANCS (CHF 100.00).
12. General Terms
A. Waiver and Severability
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by SWISS LAW without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Iboga will be brought solely in the courts located in ZUERICH, SWITZERLAND and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time and we will notify you the revision through Iboga. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in these terms. By continuing to access or use Iboga after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Mobileman Ltd. in Switzerland (www.mobileman.com).
Mobileman GmbH, Heiterstalden 3, 6313 Menzingen, Switzerland
Company number CH-020.4.031.219-1
hello (at) iboga.live