Terms of Service
ZibHub’s services are designed to promote economic opportunity for our beauty and wellness industry members by enabling you and countless other professionals to meet, exchange ideas, learn, and find opportunities or employees, work, and make decisions within a network of trusted relationships.
You agree that by clicking “Join Now”, “Join Ziba”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with ZibaHub (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to ZibaHub.com, Ziba-branded apps, communications and other services that state that they are offered under this Contract (“Services”), including any offsite collection of data for those Services. This Contract applies to both Members and Visitors.
You are entering into this Contract with ZibaHub (also referred to as “we” and “us”). ZibaHub will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
1.2 MEMBERS AND VISITORS
When you register and join the Ziba Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
We may make changes to the Contract.
2.1 SERVICE ELIGIBILITY
Here are some promises that you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age” of 16 years.
To use the Services, you agree that: (1) you must be the “Minimum Age” or older; (2) you will only have one Ziba account, which must be in your real name; and (3) you are not already restricted by Ziba from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if governing law requires that you must be older in order for Ziba to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is the older age established by governing law.
2.2 YOUR ACCOUNT
You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) make reasonable effort to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.
2.3 NOTICES AND MESSAGES
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
When you share information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, job postings, messages and posts. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Ziba connections, restricting your profile visibility from search engines, or opting not to notify others of your Ziba profile update). For job searching activities, we default to not notifying your connections network or the public. So if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. YOUR LICENSE TO ZIBA
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and Ziba, you own the content and information that you submit or post to the Services, and you are only granting Ziba and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
- While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Ziba, you agree that Ziba can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your Ziba profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Ziba may be required by law to remove certain information or content in certain countries.
3.2 SERVICE AVAILABILITY
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.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 OTHER CONTENT, SITES AND APPS
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Ziba generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.
You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your Ziba account, that app or site can access information on Ziba related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Ziba is not responsible for these other sites and apps – use these at your own risk.
ZibaHub reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. ZibaHub reserves the right to restrict, suspend, or terminate your account if ZibaHub believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Community Policies).
3.5 INTELLECTUAL PROPERTY RIGHTS
ZibaHub reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Ziba logos and other ZibaHub trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of ZibaHub.
3.6 AUTOMATED PROCESSING
We may use data and information about you to make relevant suggestions to you and others. We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you.
4. Disclaimer and Limit of Liability
4.1 NO WARRANTY
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, ZIBAHUB AND ITS AFFILIATES (AND THOSE THAT ZIBAHUB WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 EXCLUSION OF LIABILITY
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ZIBAHUB HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ZIBAHUB AND ITS AFFILIATES (AND THOSE THAT ZIBAHUB WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF ZIBAHUB AND ITS AFFILIATES (AND THOSE THAT ZIBAHUB WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) USD$100.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ZIBAHUB AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ZIBAHUB OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and ZibaHub may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, ZibaHub and you agree to resolve it in Oregon courts using Oregon law.
7. General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that ZibaHub has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that ZibaHub may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the U.S. Postal address provided in Section 10.
8. Ziba Community Policies
To ensure the discussions occurring within the Ziba app help our members be more productive and successful, ZibaHub has put in place these Community Policies outlining the activities that are acceptable on the Services, and what is inappropriate and may be stopped by ZibaHub.
These rules are intended to provide guidance and restrictions governing your use of, and participation in, our Services.
1. Be Real. Unlike some other online services, our members need to be real people, who provide their real names and accurate information about themselves. It is not okay to provide misleading information about yourself or your qualifications, work experience, affiliations, or achievements on our Services.
2. Be Professional. We acknowledge the value of discussions around professional activities and ask our members to behave professionally by not being dishonest or inappropriate. When creating content on the Services, we ask that you keep your content professional, relevant, and on-topic. Do not share false information or use the Services to shock or intimidate others. It is not okay to share graphic, obscene, or pornographic content on the Services.
3. Be Kind. We strive to maintain a safe and friendly community for our members. The Services shouldn't be used to harm others or their career or business prospects or to air personal grievances and disputes. It is not okay to use the Services to harass, abuse, or send other unwelcome communications to people (e.g., romantic advances, sexually explicit content, junk mail, spam, chain letters, phishing schemes). We do not allow hate speech acts like attacking people because of their race, ethnicity, national origin, gender, sexual orientation, political or religious affiliations, or medical or physical condition. Also, hate groups, terrorists, and those who engage in violent crimes are not welcome and not permitted on the Services.
4. Respect Others' Rights and Follow the Law. Before sharing or using someone else's copyrighted works, trademarks, private information, or trade secrets, please make sure you have the legal right to do so. The Services should not be used for illegal activities, promoting illegal products or to violate the rights of others. Don't use the Services to commit fraud or to try to trick others. Also, don't use the Services to intentionally distribute viruses, worms or other software that can destroy or interrupt others' data or computer devices.
5. Respect ZibaHub's Rights. Don't violate the rights of ZibaHub. It is not okay to suggest that you are affiliated with or endorsed by ZibaHub when you are not. Do not violate our intellectual property rights, scrape the Services, or interfere with or disrupt the Services.
Ziba is a community of professionals. This list of “Dos and Don’ts” along with our Community Policies limit what you can and cannot do on our Services.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
You agree that you will not:
- Create a false identity on Ziba, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the written consent of ZibaHub;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer);
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of ZibaHub, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the words “Ziba” or “ZibaHub” or our logos in any business name, email, or URL.
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by Ziba or ZibaHub without our express consent;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without ZibaHub’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without ZibaHub’s written consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate the Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
10. How To Contact Us
Our Contact information. If you want to send us notices or service of process, please contact us:
Or via U.S. Mail:
1331 NW Lovejoy Street, Suite 900
Portland, OR 97209