Terms of Service
By using Gibson Filer (which we refer to as the “Services”), you agree to the Terms of Service (which we simply call the “Terms”). Of course, if you don’t agree with them, then please don’t use the Services.
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND GIBSON FILER AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND GIBSON FILER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. Please read all terms carefully.
By using the Services, you state that:
you can form a binding contract with Gibson Filer—meaning that if you’re between 13 and 17, your parent or legal guardian has reviewed and agreed to these Terms;
you are not a person who is barred from utilizing the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Your Content
Our Services let you create, upload, post, send, receive, and store Content (which we call the “Content”).
In using the Services, you grant Gibson Filer a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that Content in any form and in any and all media or distribution methods (now known or later developed) for purpose of operating, developing, providing, promoting, and improving the Services; researching and developing new ones; and making Content submitted through the Services available to our business partners for syndication, broadcast, distribution, or publication outside the Services. Please review our privacy policy here.
While we’re not required to do so, we may access, review, screen, and delete your Content at any time and for any reason, including if we think your Content violates these Terms. You alone though remain responsible for the Content you create, post, store, or send through the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, be aware that we can use your ideas without compensating you.
3. The Content of Others
Much of the Content on our Services is produced by users, publishers, and other third parties. Whether that Content is posted publicly or sent privately, the Content is the sole responsibility of the person or organization that created it. Although Gibson Filer reserves the right to review all Content that appears on the Services and to remove any Content that violates these Terms, we do not necessarily review all of it. So, we cannot—and do not—take responsibility for any Content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all Content, we cannot guarantee that Content on the Services will always conform to our Terms.
4. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that Gibson Filer can collect and use your information consistent with that policy.
5. Respecting Other People’s Rights
Gibson Filer respects the rights of others, and you should, too. Therefore, you may not post or send Content that:
violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
spams or solicits Gibson Filer’ users;
includes anyone’s identification documents or sensitive financial information; or
otherwise violates the law.
We can remove any Content or information that you post on Gibson Filer if we believe that it violates this Statement, these Terms, or any of our other policies. If you repeatedly infringe upon other people’s intellectual property rights, we will disable your account when appropriate.
You must also respect Gibson Filer’ rights. These Terms do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials used in our Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any portion of the Services, except as set forth in these Terms.
In short: You may not use the Services in ways that are not authorized by these Terms.
6. Respecting Copyright
Gibson Filer honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If Gibson Filer becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please send a notice to Filer@GibsonReports.com
If you forward a notice to us by sending an e-mail to Filer@GibsonReports.com, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify 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 let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide 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.
7. Safety
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that you will not:
use the Services for any purpose that is illegal or prohibited in these Terms;
use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
use or develop any third-party applications that interact with other users’ Content or the Services without our written consent;
use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
use or attempt to use another user’s account, username, or password without their permission;
solicit login credentials from another user;
upload viruses or other malicious code or otherwise compromise the security of the Services;
attempt to circumvent any Content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
probe, scan, or test the vulnerability of our Services or any system or network;
upload, post, email, transmit, or otherwise make available any Content that is pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that contains graphic violence or incitements to violence;
use the Services to harm minors in any way;
impersonate any person or entity, including, but not limited to, a Gibson Filer employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
'stalk' or otherwise harass another Gibson Filer user, nor use the Services to 'stalk' or otherwise harass a non-Gibson Filer user;
collect or store personal data about other users in connection with the prohibited conduct and activities set above; and
encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm’s way just to capture Content to post on Gibson Filer.
8. Your Account
You will be prompted to create a password upon completing Gibson Filer' registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for any activity that occurs in your account, so it’s important that you keep your account secure.
By using the Services, you agree that, in addition to exercising common sense, you will not:
create another account if we have already disabled your account, unless you have our written permission to do so;
buy, sell, rent, or lease access to your Gibson Filer account or other portions of our Services without our written permission;
provide any false personal information on Gibson Filer, or create an account for anyone other than yourself without permission, and you will keep your contact information accurate and up-to-date;
use your personal Gibson Filer account primarily for your own commercial gain;
use Gibson Filer if you are under 13;
transfer your account to anyone without first getting our written permission;
share your password; and
log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately contact us by sending an e-mail to Filer@GibsonReports.com. By using these Services, you agree that you will immediately notify Gibson Filer of any unauthorized use of your password or account or any other breach of security. Gibson Filer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. Your License
Gibson Filer grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
11. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and that we may make available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Gibson Filer will not be responsible or liable for those third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services
We’re constantly working to improve our Services and creating new ones all the time. That means we may add or remove features or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
13. Indemnity
You agree to indemnify, defend, and hold harmless Gibson Filer, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to:
your access to or use of the Services;
your Content; and
your breach of these Terms.
14. Disclaimers
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE GIBSON FILER ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY GIBSON FILER CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
GIBSON FILER TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH GIBSON FILER WILL BE RESPONSIBLE FOR.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIBSON FILER AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR
(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF GIBSON FILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GIBSON FILER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED ($100.00) DOLLARS (US) OR THE AMOUNT YOU PAID GIBSON FILER, IF ANY, IN THE LAST TWELVE (12) MONTHS.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.
16. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH GIBSON FILER, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
(a) Applicability of Arbitration Agreement. All claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and Gibson Filer are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand ($10,000.00) Dollars (US) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand ($10,000.00) Dollars (US) or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three (3); the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
(d) Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Gibson Filer. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Gibson Filer.
(e) Waiver of Jury Trial. YOU AND GIBSON FILER WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Gibson Filer are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and Gibson Filer over whether to vacate or enforce an arbitration award or otherwise, YOU AND GIBSON FILER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth in Section 19 herein.
(g) Confidentiality. No part of the arbitration procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(h) Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. To the extent that you or Gibson Filer elect to bring an individual action in small claims court, both you and Gibson Filer agree that the forum and venue for said small claims action will be the Philadelphia Municipal Court in the County of Philadelphia, Commonwealth of Pennsylvania.
(i) Small Claims Court. Notwithstanding the foregoing, either you or Gibson Filer may bring an individual action in small claims court.
(j) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Gibson Filer.
17. Time Limitation on Claims
You agree that any claim you may have arisen out of or related to your relationship with Gibson Filer must be filed within one (1) year after such claim arose; otherwise, your claim will be permanently barred.
18. Forum and Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Gibson Filer agree that all claims and disputes in connection with the Terms or the use of the Services will be litigated exclusively in the United States District Court for the State of Texas. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes in connection with the Terms or the use of the Services must be litigated exclusively in the Court of Common Pleas of Texas, First Judicial District, State of Texas. You and Gibson Filer consent to the personal jurisdiction of both courts.
19. Choice of Law
The laws of the State of Texas, other than its conflict-of-laws principles, will govern all disputes between you and Gibson Filer, but only to the extent they are not preempted by the Federal Arbitration Act.
20. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
21. Interstate Nature of Communications on Gibson Filer
When you register with Gibson Filer, you acknowledge that in using the Services to send electronic communications (including but not limited to uploading photographs, sending messages, and other Internet activities), you will be causing communications to be sent through Gibson Filer' computer networks, which are hosted by Amazon’s AWS cloud computing services and hardware (which include servers, data centers, load balancers, and firewalls), located in United States and overseas. As a result, and also as a result of Gibson Filer' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Services results in interstate data transmissions.
22. No Commercial Reuse of Gibson Filer Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including Content, advertisements, software, and your Gibson Filer account).
23. Termination
While we hope you remain a lifelong user of our Services, you may terminate these Terms at any time and for any reason by deleting your account or uninstalling the app from your device.
Gibson Filer may also terminate these Terms with you at any time, for any reason, and without advance notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate and reclaim your Gibson Filer account at any time, for any reason, including, but not limited to:
breaches or violations of the Terms or other incorporated agreements or guidelines;
requests by law enforcement or other government agencies;
discontinuance or material modification to the Services (or any part thereof);
unexpected technical or security issues or problems;
extended periods of inactivity;
engagement by you in fraudulent or illegal activities; and/or
nonpayment of any fees owed by you in connection with the Services.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Gibson Filer' sole discretion and that Gibson Filer shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
Termination of your Gibson Filer account includes any or all of the following:
removal of access to all or part of the offerings within the Services;
deletion of your Gibson Filer account, password, and all related information, files and Content associated with or inside your account (or any part thereof); and
barring of further use of all or part of the Services.
Regardless of who terminates these Terms, both you and Gibson Filer continue to be bound by Sections 2, 5, 9, and 13-25 of the Terms.
24. Final Terms
These Terms make up the entire agreement between you and Gibson Filer, and supersede any prior agreements.
These Terms do no create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law, or otherwise;
Nothing in these Terms shall prevent us from complying with the law.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Gibson Filer.