Terms of Use

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Terms

By using the hipablo.com website and/or any other products or services offered by Hi Pablo, Inc. (“Pablo” or “we”), including, but not limited to, the Pablo app (collectively, the “Pablo service”), you agree to be bound by the following terms and conditions (“Terms of Use”).

Basic Terms

1. You are not allowed to post any obscene, sexually suggestive, nude, or partially nude photos or Content.

2. You are responsible for any conduct or activity that occurs under your username or account.

  1. It is your responsibility to keep your login credentials secure.

  2. You must not abuse, harass, impersonate, intimidate or threaten other Pablo

users.

  1. You may not use Pablo for any illegal or unauthorized purpose.

  2. You are solely responsible for your conduct and any username, profile, text, files,

images, photos, video, sounds, musical works, works of authorship, applications, links or any other materials, data or information, ("Content") that you submit, post, publish, or display (“post”) on or through the Pablo service.

7. You must be at least 13 years old to use the Pablo service.

8. International users must comply with all local laws regarding online conduct and acceptable content.

9. You may not hack, adapt, or modify any component of the Pablo service or create or change another website, app or other product or service so as to falsely imply association with, or endorsement by, Pablo.

10. You must not access Pablo’s private API by any means other than the Pablo iPhone application itself.

11. You may not scrape, crawl or cache any Content from the Pablo service including but not limited to Content derived from user’s profiles or photos or any other Content posted on the Pablo service.

12. Submission of unwanted comments or messages to any Pablo user is strictly prohibited.

13. Transmission of any worms or viruses or any code of a destructive nature is strictly prohibited.

14. You must not use the Pablo service in any manner that violates any applicable laws in your jurisdiction (including but not limited to copyright laws and other intellectual property laws).

15. Your violation of these Terms of Use will result in the termination of your Pablo account and access to the Pablo service. While Pablo prohibits certain conduct and Content in connection with use of the Pablo service, you understand and agree that Pablo cannot be responsible for the Content posted on the Pablo service and,you nonetheless may be exposed to such conduct or Content, and you use the Pablo service at your own risk.

16. You agree to indemnify and hold Pablo and its successors and assigns harmless from and against any and all loss, liability, damage, judgment, claim, demand, cost and expenses, including without limitation, reasonable legal fees and expenses, arising out of any breach by you of any of these Terms of Use.

General Conditions

1. We reserve the right to modify or terminate the Pablo service for any reason or for no reason, and without notice to you, at any time.

2. We reserve the right to alter these Terms of Use at any time. If we make a material change to the Terms of Use, we will notify you via e-mail or other means of electronic delivery according to our default delivery method or the preference (if any) expressed on your account. What constitutes a "material change" will be determined in good faith by Pablo in its sole discretion, using common sense and reasonable judgment.

3. We reserve the right to refuse service to anyone for any reason or for no reason, at any time.

4. We reserve the right to force forfeiture of any username that becomes inactive, violates any trademark, copyright or other intellectual property right of any other party, or that may be misleading or confusing to other Pablo users.

5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violate any other party's intellectual property rights or these Terms of Use.

6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold valid claim or trademark on those usernames.

7. We reserve the right to anonymously track and report a user’s activity inside Pablo.

Proprietary Rights

1. Pablo does not claim any ownership rights in the Content that you post on or through the Pablo service. By posting any Content on or through the Pablo service, you hereby grant to Pablo a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of such Content in any media formats through any media channels, except Content not shared publicly will not be distributed outside the Pablo service. While Pablo may, in its sole discretion, prohibit others from copying, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, displaying, or selling any Content appearing on or through the Pablo Service, Pablo does not guaranty that others may not adhere to such prohibition, and assumes no responsibility to you to enforce any such prohibition, and you expressly agree and acknowledge that Pablo will have no liability to you with respect to any use by others of your Content whether or not prohibited.

2. Some of the Pablo service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Pablo may place such advertising and promotions on the Pablo service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

3. You represent and warrant that: (i) we own the Content posted by you on or through the Pablo service or otherwise have the right to grant the license(s) set forth in these Terms of Use , (ii) the posting and use of your Content on or through the Pablo service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any other party, and (iii) the posting of your Content on or through the Pablo service does not result in a breach of contract between you and any third party. You agree to pay for all royalties, fees, and any other monies owing any third party as a result of Content you post on or through the Pablo service.

4. The Pablo service contains Content of Pablo (“Pablo Content"). Pablo Content is protected by copyright, trademark, patent, trade secret and other laws, and Pablo owns and retains any and all rights in and to the Pablo Content and the Pablo service. Pablo hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Pablo Content (excluding any software code) solely for your personal use in connection with your use of the Pablo service in accordance with these Terms and Conditions.

5. The Pablo service contains Content of other Pablo users and licensors. Except as otherwise provided by these Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Pablo Services.

6. You consent to Pablo’s performance of any technical functions deemed by Pablo to be necessary to offer the Pablo service, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Pablo service.

7. Although the Pablo service is normally available, there might be occasions when the Pablo service is interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Pablo, and Pablo shall not be responsible or liable for any such unavailability of the Pablo service, or any component thereof. Although, normally, Pablo will delete or remove Content from the Pablo service only if it violates these Terms of Use, Pablo reserves the right to delete any Content for any reason or for no reason, without prior notice. Deleted Content may be stored by Pablo solely in order to comply with certain legal obligations or applicable laws and will not be retrievable without a valid court order. You are solely responsible for maintaining your own backup of your Content, and Pablo does not have any obligation to you to back up your Content. Pablo will not be responsible or otherwise liable for any claims or damages relating to the provision of the Pablo service, including any modification, suspension, or discontinuation thereof, or the loss of any Content posted on the Pablo service.

8. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.