Privacy Policy

1. Introduction

By accessing or using gibdib Services, you agree to be bound by this Terms of Use Agreement (the "Terms" or "Agreement"), including our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND GIBDIB. THESE PROVISIONS INCLUDE A MANDATORY MEDIATION DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS.

We may update these Terms from time to time, so check this page regularly for updates.

Welcome to gibdib, operated by and domain owned by GIBBOR, LLC. As used in this Agreement, the terms "gibdib," "us," "we," the "Company", and "our" shall refer to GIBBOR, LLC and/or gibdib.com, as appropriate. Together you and gibdib may be referred to as the "Parties" or separately as "Party."

By accessing or using our Services on gibdib (the "Website") or any other platforms or services gibdib may offer (collectively, the "Service" or our "Services"), you agree to, and are bound by, this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your access and use of our Services is also subject to the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips and any terms disclosed and agreed to by you when you purchase additional features, products, or services from gibdib ("Additional Terms Upon Purchase"). If you do not wish to be bound by this Agreement, do not access or use our Services.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. Your continued access or use of our Services constitutes your ongoing consent to any changes. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.

2. Account Eligibility; Your Responsibilities

Before you create an account on gibdib, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant gibdib.

You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

• You are at least 18 years old;
• You are legally qualified to enter a binding contract with gibdib;
• 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;
• You are not on any list of individuals prohibited from conducting business with the United States;
• You are not prohibited by law from using our Services;
• You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
• You are not required to register as a sex offender with any state, federal or local sex offender registry.

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account.

You agree to:

• Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Use the latest version of the Website;
• Treat other users in a courteous and respectful manner, both on and off our Services;
• Be respectful when communicating with any of our customer care representatives or other employees;
• Review the Safety Tips;
• Maintain a strong password and take reasonable measures to protect the security of your login information.

You agree that you will not:

• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
• Use the Services in a way that damages the Services or prevents their use by other users;
• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
• Use our Services for any harmful, illegal, or nefarious purpose;
• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
• Post or share Prohibited Content (see below);
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
• Use another user’s account;
• Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
• Violate the terms of the license granted to you by gibdib (see Section 6 below);
• Disclose private or proprietary information that you do not have the right to disclose;
• Copy, modify, transmit, distribute, or create any derivative works from, any Site Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property accessible through our Services without gibdib prior written consent;
• Express or imply that any statements you make are endorsed by gibdib;
• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
• Upload viruses or other malicious code or otherwise compromise the security of our Services;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
• "Frame" or "mirror" any part of our Services without gibdib prior written authorization;
• Use meta tags or code or other devices containing any reference to gibdib or the platform to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
• Use or develop any third-party applications that interact with our Services or Site Content or information without our written consent;
• Use, access, or publish the gibdib application programming interface without our written consent;
• Probe, scan or test the vulnerability of our Services or any system or network;
• Encourage, promote, or agree to engage in any activity that violates these Terms;
• Create a new account after we suspend or terminate your account, unless you receive our express permission;
• Solicit prostitution; sex; sexual acts; etc.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.

Prohibited Content — gibdib prohibits uploading or sharing content that:

• Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
• Is defamatory, libelous, or untrue;
• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);
• Involves the transmission of "junk" mail or "spam";
• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• Was not written by you or was automatically generated, unless expressly authorized by gibdib;
• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian);
• Is inconsistent with the intended use of the Services; or
• May harm the reputation of gibdib or its affiliates.

The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.

3. Content

It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to: (i) content that you upload or provide while using our Services ("Your Content"); (ii) content that other users upload or provide while using our Services ("Site Content"); and (iii) content that gibdib provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

3A. Your Content

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other users, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time (in our sole discretion). Furthermore, you understand that we have no obligation to display or review Your Content.

3B. Site Content

Site Content is not yours and you may not copy or use Site Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Site Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to Site Content, and, unless expressly authorized by gibdib, you may only use Site Content to the extent that your use is consistent with our Services’ purpose of allowing users to communicate with and meet one another. You may not copy the Site Content or use Site Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Site Content.

3C. Our Content

gibdib owns all content of our Services.

Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

4. Inappropriate Content and Misconduct; Reporting

gibdib does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful gibdib community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Site Content or misconduct by other users. You can report a user directly by contacting us.

As set forth in our Privacy Policy, we may share data for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services.

Site Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Site Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.

5. Privacy

For information about how gibdib collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

6. Rights You Are Granted by gibdib

As long as you comply with these Terms, gibdib grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by gibdib and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

7. Rights You Grant gibdib

By creating an account, you grant to gibdib a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, in whole or in part, and in any way and in any format or medium currently known or developed in the future.

In addition, so that gibdib can prevent the use of Your Content outside of our Services, you authorize gibdib to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services.

In consideration for gibdib allowing you to use our Services, you agree that we may place advertising on our Services. By submitting suggestions or feedback to gibdib regarding our Services, you agree that gibdib may use and share such feedback for any purpose without compensating you.

You agree that gibdib may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Purchases and Automatically Renewing Subscriptions

Be advised, your subscription will automatically renew — and you will be charged — until you cancel.

If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.

8A. Refunds

All purchases are final and nonrefundable, and there are no refunds or credits for partially used periods. You may cancel your subscription at any time prior to midnight of the third business day following the date you subscribed.

8B. Installment Plan Conditions

If you agree to make a purchase pursuant to the installment plan option, your purchase will be subject to these additional terms and conditions, including around eligibility, payment, and cancellation.

• Payment. You authorize gibdib to charge the Payment Method selected on a periodic basis. You will be charged the full price of the qualifying product spread equally over one initial payment due at the time of purchase and three subsequent payments. No interest or finance charges apply to this installment plan purchase.
• gibdib’s right to Terminate. If gibdib is not able to charge any payment to your Payment Method, gibdib reserves the right to suspend or terminate your gibdib subscription and/or gibdib account.
• Cancellation Policy. Your subscription will continue until terminated, canceled, or not renewed by you or gibdib. If not terminated, your Membership will continue to renew with installment payments until you cancel via your Account Settings. If you cancel your subscription prior to completing all payments due, unless otherwise required by applicable law, the remaining balance will remain due and payable.

9. Account Termination

gibdib reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if gibdib believes that you have violated these Terms, misused our Services, or behaved in a way that gibdib regards as inappropriate or unlawful, on or off our Services.

If your account is terminated by you or by gibdib for any reason, these Terms continue and remain enforceable between you and gibdib, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

10. No Criminal Background or Identity Verification Checks

gibdib does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and review our Safety Tips.

YOU UNDERSTAND THAT GIBDIB DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. GIBDIB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. GIBDIB RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE.

Though gibdib strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

11. Disclaimer

GIBDIB PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GIBDIB DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES.

GIBDIB ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. GIBDIB IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

12. Digital Millennium Copyright Act

gibdib has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Site Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

• 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 online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider 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; and
• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to [email protected], by phone to 808-634-1165 or via mail to: gibdib, 250 Corey Avenue, Saint Pete Beach, FL 33706.

gibdib will terminate the accounts of repeat infringers.

13. Ads and Third-Party Content

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. gibdib is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, gibdib is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIBDIB, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF GIBDIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Dispute Resolution Section

The following subsections will follow dispute resolution through 1) Mediation 2) Arbitration.

15A. Informal Dispute Resolution Process

If you are dissatisfied with our Services for any reason, please contact gibdib Customer Service first so we can try to resolve your concerns without the need of outside assistance.

gibdib values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice ("Notice") to gibdib 250 Corey Avenue, Saint Pete Beach, FL 33706, USA. Your Notice must contain all of the following information: (1) your full name; (2) information that enables gibdib to identify your account; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective.

You and gibdib agree to negotiate in good faith in an effort to resolve the Dispute. If the Dispute is not resolved within 60 days after receipt of a fully completed Notice, you or gibdib may initiate an arbitration.

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement.

15B. Individual Relief: Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GIBDIB EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND GIBDIB EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS.

15C. Dispute Resolution Through Mediation, Arbitration or Small Claims Court

Any dispute, claim, or controversy between you and gibdib that is not resolved informally shall be exclusively resolved through MEDIATION followed by BINDING INDIVIDUAL ARBITRATION if a resolution cannot be found, except as specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or gibdib may elect to have an individual claim heard in small claims court.

15D. Individual Arbitration and Mass Arbitration Protocols

Any arbitration between you and gibdib shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect at the time any demand for arbitration is filed with NAM. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms.

The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:

• Commencing an Arbitration – To initiate an arbitration, you or gibdib shall send to NAM a demand for arbitration that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules.
• Fees – The payment of all fees shall be governed by the NAM Rules. Upon a showing to gibdib of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee.
• The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator. If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement.
• Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing.
• Discovery – Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery may be utilized.
• Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award.
• Arbitration Hearing – You and gibdib are entitled to a fair evidentiary hearing before the Claim Arbitrator. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing within 10 days after the Respondent files a response.
• Arbitration Award – The Claim Arbitrator shall provide a reasoned decision in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due.
• Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing.
• Mass Filing – If, at any time, 25 or more similar demands for arbitration are asserted against gibdib or related parties by the same or coordinated counsel or entities ("Mass Filing"), the additional protocols set forth in NAM’s Mass Filing Rules shall apply.

15E. Future Changes and Retroactive Application

This Dispute Resolution Section 15 applies to all Disputes between the Parties. You may elect to opt out of the retroactive application of this Dispute Resolution Section 15 by sending written notice within 30 days of the time you consent to this Agreement, to: [email protected].

16. Governing Law

Florida law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).

To the fullest extent allowable by law, the laws of Florida, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement or our Services.

17. Venue/Forum Selection

To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Pinellas County, Florida (except for claims filed in small claims court).

Except where prohibited by law, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with gibdib that are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Pinellas County, Florida U.S.A.

18. Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless gibdib, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breach of this Agreement.

19. Acceptance of Terms

By using our Services, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.

20. Entire Agreement

This Agreement supersedes any previous agreements or representations.

These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and any Additional Terms Upon Purchase, contain the entire agreement between you and gibdib regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect.

21. Various Releases

The following subsection releases are part of this agreement and acknowledged by parties.

21A. Actors Release

• The Actor and/or Party hereby agrees to undertake their personal role in their gibdib profile.
• The Actor and/or Party hereby gives all consents necessary to gibdib for the reproduction, exhibition, transmission, broadcast and exploitation of the Performance without time limit throughout the universe by all means and media (whether now known or hereafter discovered or developed) without liability.
• The Actor and/or Party hereby agrees to Press Junkets and Publicity appearances in relation to their gibdib profile, provided that the Producer had given a reasonable amount of notice.
• gibdib shall be entitled to cut and edit the recording of the Performance as they deem fit and shall not be obliged to include all or any of the Performance in the film or promotional material derived from the Production.
• gibdib agrees to credit the Actor and/or Party appropriately for their performance in their profile.
• gibdib agrees to supply the actor with a copy of the final profile film.

21B. Location Release

• gibdib will designate the premises at which they will shoot the film and the party shall attend as instructed.
• You agree that gibdib shall have the right to represent the said premises under their proper title, or if we so desire, to represent them as being a fictional place according to the requirements of the story of the film.
• gibdib will own solely and exclusively the rights of the photography and recording with the right to exploit all production of this material in all territories worldwide in perpetuity in the party’s profile film.
• Party warrants and represents that the rights and permissions granted to us reside solely with you and that you are free to enter into this Agreement.

21C. Music Release

1. The Musician and/or Party agrees to perform the agreed services (“the Music”) on the agreed dates.
2. The Musician and/or Party hereby gives all consents necessary to gibdib for the reproduction, exhibition, transmission, broadcast and exploitation of the Music without time limit throughout the universe by all means and media (whether now known or hereafter discovered or developed) without liability.
3. gibdib shall be entitled to cut and edit the recording of the Music as he or she deems fit and shall not be obliged to include all or any of the Music in the film derived from the gibdib.
4. gibdib agrees to credit the Musician appropriately for the Music in the credits of the profile film.
5. gibdib agrees to supply the Musician with a copy of the profile film if requested.

IN WITNESS WHEREOF, the parties hereto acknowledge, understand, and agree to this agreement (Pages 1 – 25, Sections 1 – 21). The parties understand and intend to be bound by all of the clauses contained in this document and further certify that they have received signed copies of this agreement on this date. This agreement is executed digitally and/or physically through click and agree site windows and or signature at the below.