Last Revised: 1/1/2020
3. Our Services. The Services are designed to enable communication and
Mobile App for use only by persons located in the United States. We make no claims that the Website or the Mobile App, or any of their contents, are accessible or appropriate outside of the United States. Access to the Website or the Mobile App may not be legal by certain persons or in
certain countries. The quality of the content you access on the Website and the Mobile App may be affected by a variety of factors, including your connection, the content being viewed, and your location. Calibrr makes no representations or warranties regarding access to Website and Mobile App content in connection with the Services. We may alter, suspend, or discontinue this Website, our Mobile App, and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Website, Mobile App, and/or Services, for some
or all users, from time to time. The Website and Mobile App may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We reserve the right to modify or change the Mobile App, Website, or any of the Services, with or
without notice to you, and we are not obligated to support or update the Mobile App, Website or any Services.
4. Use of the Mobile App and Website. Calibrr grants you a non-exclusive right to access and use the Mobile App and the Website, and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Mobile App and the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Calibrr to use the Mobile App or the Wesbite for commercial purposes. You agree to use the Mobile App and the Website only for lawful purposes, comply with all rules governing any transactions on and through the Mobile App and the Website, and comply with applicable laws.
5. Eligibility. The Services are not for use by anyone under the age of 13. By using the Services, you represent and warrant that you are at least the age of majority as defined by the law of your state (the “Minimum Age”) and have reviewed and consent to the Terms, or, if you are under the Minimum Age (but are 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian providing consent to these Terms for the benefit of a child over 13, you represent and warrant that you have reviewed and consent to the Terms and accept full responsibility for your child’s use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.
6. Your Commitments
6.1 Your Calibrr Account. Our Services are reserved for registered users (each a “Registered User”). In order to become a Registered User, we will ask you to complete a registration form, and also to select a username and create a password (your “Login Credentials”). During any such registration, you are required to give truthful contact information (including your name and email address). Together with any additional information you provide
to set up your Calibrr account (your “Account”), this collectively is your “User Profile.” Your User Profile must be in your real name, and you may not have more than one User Profile. Creation of false accounts is prohibited.
You agree to use Calibrr in a professional manner and are responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account. Calibrr is not responsible for any loss that you may incur as a result of any
unauthorized person using your Account or your Login Credentials. It is a violation of the Terms to access the Services if your Account has been disabled or removed for violation of law or any of our policies.
6.2 Your Account Content; Privacy Preferences. Calibrr enables the exchange of information between users, including messages, shares, notifications, and geo-locating information (collectively “User Content”). User Content available on the Mobile App and Website is the sole responsibility of the person who generated such User Content. You are
6.3 Fees. There is currently no set fee for a basic Calibrr Account. If you choose to upgrade to a Calibrr Prime account, you agree to pay a recurring monthly subscription fee of $4.99 for personal use of the Mobile App and Services (the “Subscription Fee”). Subscriptions purchased through a third party are subject to the terms of agreement with that party. If you subscribe to a Calibrr Prime account, you agree to pay Calibrr all applicable fees as they become due for your Calibrr Prime subscription (your “Subscription”). You may cancel your Subscription from time to time as provided on the Mobile App. We may also refuse to renew any Subscriptions. We may change the Subscription Fee and adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you in advance of any change in Subscription Fees by sending you an email to the email address in your Account. Subscription Fee changes will take effect at the start of the next subscription period following the date of the Subscription Fee change. You accept the new fees by continuing to use the Mobile App and Services after the fee change takes effect. If you do not agree with the applicable price change, you have the right to reject the change by terminating your Account in accordance with these Terms.
6.4 Prohibited Uses. You agree that you will not:
-Use this Website, the Mobile App, or the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
-Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, the Mobile App, or the Services, or which, as determined by us, may harm Calibrr or users of the Website, the App, or the Services, or expose them to liability;
-Attempt to gain unauthorized access to any Calibrr account, computer systems or networks associated with Calibrr or the Services;
-Upload, post, email, transmit or otherwise make available any content, or initiate communication, that infringes upon someone else’s rights, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
-Upload, post, email, transmit or otherwise make available any content, or initiate communication, that is threatening, offensive, abusive, pornographic, defamatory, or obscene;
-Bully, intimidate, stalk, or harass another Calibrr user for any reason;
-Attempt to create accounts or access or collect information in any way that violates these Terms;
-Use any robot, spider, or other automatic device, process or means to access the Website or the Mobile App for any purpose, including monitoring or copying any of the material on the Website or Mobile App;
-Introduce any viruses, Trojan horses, worms, logic bombs, or other material, which are malicious or technologically harmful;
-Impersonate or attempt to impersonate Calibrr, a Calibrr employee, another user, or any other person or entity; or
-Interfere with or disrupt Calibrr’s servers or any networks connected to Calibrr, or disobey any requirements, procedures, policies or regulations of networks connected to Calibrr.
7. Intellectual Property Rights
7.1 Your Content. Any Content you create or own, or to which you have a license, and use on the Mobile App is your User Content. In sharing your User Content on the Mobile App, you warrant and represent you have the legal right to use your User Content and grant Calibrr an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use your
User Content in providing any Services. The Services may also provide you with features like photo thumbnails, sharing, and searching. These and other features may require us to access, store, and scan your User Content. Your User Content may be searched and viewed by other
users, so please think carefully about what you share.
8. Content Removal by Calibrr; Discontinuation of Services. We may remove your User Content, or suspend or terminate your Account, if we believe it violates these Terms, any policies posted on our Website or Mobile App, or we are permitted to do so by law. We may change, suspend, or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice
provided to you.
9. Deleting Your Account. You may request to delete your Account at any time by contacting email@example.com. Please indicate in the subject line and the body of the email your intent to permanently delete your Account and remove your User Profile from the Calibrr network. Calibrr will respond within five (5) business days with confirmation that your Account has been removed.
10. Calibrr Prime Subscription. Subscribing to Calibrr Prime grants you access to link your Youtube Channel, Twitch Channel, Website, Email, Resume/Cover Letter, LinkedIn, Contact Information, Website, and Email to your Calibrr Prime account for the low price of $4.99 per month. Your Calibrr Prime subscription will automatically renew, unless you cancel at least 24 hours before the end of your current subscription period. You will be charged for auto-renewal of your Calibrr Prime account within the 24 hours prior to the end of your current subscription period. As the user, you can manage the details of your subscription within Calibrr, under ‘Settings.’ Any unused portion of a free trial of Calibrr Prime, if offered, will be forfeited when the user purchases an official, paid subscription of Calibrr Prime. The Payment will be charged to your iTunes Account upon confirmation of your subscription to Calibrr Prime.
11. Third Party Content, Links. This Website, the Mobile App, and our Services may contain links to other sites and resources provided by third parties, which are provided for your convenience only. Calibrr has no control over the content of third party sites or resources, and Calibrr accepts no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or content, you do so entirely at your own risk. Links to third party websites or content on this Website do not in any way imply Calibrr’s endorsements of such third party products or services, and these Terms in no way create any
legal relationship between you and the provider of such third party content. Calibrr shall have the right, at any time, to block links to this Website, the Mobile App, or the Services at any time without prior notice.
12. Disclaimer Regarding Use of Mobile Devices. Use of the Mobile App and the Services may be available through a compatible mobile device, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees, as well as the terms of your agreement with
your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE
13. Disclaimer of Representations and Warranties. THE WEBSITE, MOBILE APP, SERVICES, AND ANY MATERIALS MADE AVAILABLE THROUGH OR IN
CONNECTION WITH THE WEBSITE, MOBILE APP, SERVICES, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST BEAR ALL RISK ASSOCIATED WITH THE USE OF THE WEBSITE, MOBILE APP AND SERVICES. NEITHER WE NOR ANY THIRD PARTY PARTNERS PROVIDE ANY WARRANTY OR GUARANTY AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND
OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU
ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT POSSIBLE BY LAW. NEITHER CALIBRR NOR ANY OF ITS THIRD PARTY PARTNERS REPRESENT, WARRANT, OR COVENANT THAT THE MOBILE APP OR THE WEBSITE WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE. CALIBRR FURTHER MAKES NO WARRANTY THAT THE MOBILE APP OR THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN
CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, MOBILE APP, AND SERVICES IS AT YOUR SOLE RISK AND THAT CALIBRR, ITS AFFILIATES, AND THEIR THIRD PARTY PARTNERS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST CALIBRR FOR DISSATISFACTION WITH THE WEBSITE, MOBILE APP, SERVICES OR THE CONTENT THEREIN IS TO CEASE
YOUR USE OF THE WEBSITE AND/OR THE CONTENT.
14. Limitation of Liability. CALIBRR SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR
USE OF THE WEBSITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, CALIBRR WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE MOBILE APP, WEBSITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE MOBILE APP OR WEBSITE, OR IN CONNECTION WITH THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE MOBILE APP, WEBSITE OR
SERVICES IS TO STOP USING THE MOBILE APP, WEBSITE, OR SERVICES. THE MAXIMUM LIABILITY OF CALIBRR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CALIBRR TO ACCESS AND USE THE MOBILE APP, WEBSITE, OR SERVICES.
16. Termination. This Agreement is effective until terminated by you or Calibrr. Calibrr may terminate your access to or use of the Mobile App, Website and the Services, at any time and for any reason. Upon any such termination, Calibrr may immediately discontinue your access to your Account, the Mobile App, the Website, and the Services. Calibrr may immediately remove your Login Credentials and User Profile, without prior notice, and deactivate your Account. You agree that Calibrr shall not be liable to you or any third party for any termination of your access to the Mobile App, Website or the Services, and shall not be required to make any of the Services or the information and content contained therein available to you post registration.
arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Mobile App, the Website, and the Services, you hereby consent to submission of any dispute to final and binding arbitration.
18. Waiver and Severability. You agree that if Calibrr does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of Calibrr’s rights and that those rights or remedies will still be available to Calibrr. All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms. If any part of these Terms are determined to be invalid or unenforceable, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms represent the entire understanding and agreement between you and Calibrr regarding the subject matter of the same, and supersede all other previous agreements.
19. How to Contact Us: To send us notice, inquiries, or service of process, or to report conduct that violates these Terms, please contact us at
Calibrr © 2020. All rights reserved.