Terms of Services

Tiberius Interactive, inc. (dba “TIBINT”) operates this Site to provide online access to information about TIBINT and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

TIBINT reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about TIBINT products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. TIBINT reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to TIBINT or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by TIBINT or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by TIBINT, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the Site.

3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by TIBINT of the third party, the third-party web site, or the information contained therein. TIBINT is not responsible for the availability of any such web sites. TIBINT is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of TIBINT affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Downloading Files

TIBINT cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

6. Payment Terms

You will either pay for your Plan through our Application (if applicable) or upon receipt of an invoice issued by us.

6.1 Payment in Application
Applicable to Subscription Services:

Monthly Plans: For monthly plans, we will charge you on the day of your subscription term the full amount or a prorated amount for that month and automatically on the first date of each subsequent month (“Monthly Pay Date”). We will continue to charge you for your Plan, including any Add-Ons, on a monthly basis unless you cancel by accessing the “Billing” page within the Account Page (“Billing Page”). If you cancel in the month preceding your Monthly Pay Date, you will not receive any refunds or credits of prepaid and unused fees for the remainder of the subscription term, and you will continue to have access to the Services until the following Monthly Pay Date. We reserve the right to increase pricing for our monthly Plans at any time at our sole discretion. Any price changes to a monthly Plan will take effect on the next Monthly Pay Date following notice to you.

Annual Plans: For annual Plans, we will charge you on the first day of your subscription term and automatically on the same date of each subsequent year (“Annual Pay Date”). We will continue to charge you for your Plan, including any Add-Ons, on an annual basis unless you cancel before the Annual Pay Date by accessing the Billing Page. If you cancel during the subscription term, you will not receive any refunds or credits for any prepaid and unused fees for the remainder of the subscription term, and you will continue to have access to the Services until the following Annual Pay Date. We reserve the right to increase subscription fees for your annual Plan on your Annual Pay Date, provided that such an increase shall not exceed 7% over the fees related to the immediately preceding subscription term unless we provide you notice of different pricing at least sixty (60) days before the Annual Pay Date.

Annual Plans with Monthly Payment: For annual Plans paid on a monthly basis, we will charge you on the first day of your subscription term and automatically on the same date of each subsequent month of your subscription term. We will continue to charge you for your Plan, including any Add-Ons, on a monthly basis throughout the duration of your subscription term and any subsequent renewal terms unless you cancel at least thirty days before the end of your current subscription term by notifying your account manager or support@tibint.com. If you cancel during the subscription term, you will not receive any refunds for or credits of any prepaid and unused fees for the remainder of the subscription term, and you will be required to pay any and all unpaid fees related to the subscription term. If you fail to make timely payments, any and all unpaid fees that are outstanding under the applicable service order may become immediately due and payable at TIBINT’s discretion. We reserve the right to increase subscription fees for your Plan upon the first day of your renewal subscription term, provided that such an increase shall not exceed 7% over the fees related to the immediately preceding subscription term unless we provide you notice of different pricing at least sixty (60) days before the applicable renewal term.

6.2 Payment By Invoice

If we invoice you for your Plan, your subscription term will be detailed on the service order, and your payment will be due upon receipt of the applicable invoice. Unless otherwise specified on your service order, if we do not receive payment within thirty (30) days of issuing the invoice, your account may be suspended, and you will lose access to the Services. Unless otherwise specified on your service order, your Plan will automatically renew at the end of the subscription term. If you would like to cancel your Plan, you must provide notice via email to support@tibint.com at least thirty (30) days before the end of the subscription term. We reserve the right to increase subscription fees upon renewal, provided that such an increase shall not exceed 7% over the fees related to the immediately preceding subscription term unless we provide you notice of different pricing at least sixty (60) days before the applicable renewal term.

6.3 Changes To Your Plan
If you choose to upgrade your Plan or add any Add-Ons during your subscription term, you will be charged for the then-current price generally available for TIBINT customers for the upgrade or Add-Ons prorated based on the number of days remaining in your subscription term (unless otherwise stated on your applicable service order). Unless otherwise specified on your service order, any upgrade or Add-Ons you add will be coterminous with the existing Plan and automatically renew at the end of the subscription term along with your Plan. If you choose to downgrade your Plan or remove any Add-Ons, you will not be issued any refunds or credits for the unused and prepaid fees in connection with the downgrade or removal. Downgrading your Plan may cause the loss of content, features, or capacity of your account, and we will not be liable for any such loss.

6.4 Credit Card Authorization
By submitting your credit card information to TIBINT, you authorize TIBINT to store this information with its third-party service providers and to charge the credit card account you have provided to us until your account is terminated. In addition, you authorize us to use a third-party payment processor in processing payments. If your credit card expires, is declined, or your information requires an update, we will provide you notice via email. If, for any reason, your payment cannot be completed through a credit card, we may suspend your account until we receive payment. You can choose to set up a backup payment method that will be used if the primary method fails for any reason (such as an expired credit card or insufficient funds). By adding a backup payment method, you agree that if your primary payment method fails, TIBINT can automatically charge your backup payment method to avoid any interruptions or suspensions to your account.

6.5 Disputes and Late Payments
You must notify us in writing of any amounts you wish to dispute before the date such amounts would otherwise be due. Any undisputed amount not paid when due shall be subject to a finance charge of one and one-half percent (1.5%) of the unpaid balance per month (determined and compounded daily from the date due until the date paid) or the highest rate permitted by applicable law, whichever is less. You will also be required to reimburse us for any costs or expenses (including any reasonable attorneys’ fees) we incur to collect past due amounts. Any amounts due under these Terms shall not be withheld or offset by you against amounts due to you for any reason.

6.6 Service Addendum Terms
- If an addendum is made to your service contract during the original 12-month term, the following terms apply:
- Payments for the new services will be made automatically on the 1st of each month using the credit card on file, unless otherwise specified.
- If the payment for the new services is not received, the original contract will be reinstated for the remaining duration of the initial 12-month term.
- The new services’ term is for 12 months for those services that require a 1-year minimum term. Not all services are subject to a 12-month minimum term.
- It is your responsibility to ensure that funds are available and that credit card information is up to date.
- If additional services are added in the future, any applicable 12-month minimum term will have its own start and end date based on the date of purchase.
- All new services will be governed by the Terms of Service found on the TIBINT website, and this addendum does not override the agreements of terms of services for each individual contract agreement as written on the website.
- By signing the addendum, you acknowledge, agree to, and accept all terms of services linked to each service provided by TIBINT.

7. Disclaimer of Warranties

TIBINT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. TIBINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. TIBINT DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. TIBINT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

8. Limitation of Liability

IN NO EVENT WILL TIBINT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF TIBINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TIBINT’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

9. Indemnification

10. Privacy

Click to see TIBINT’s Privacy Policy.

11. Additional Terms of Service

If you purchase any paid Service from TIBINT, such purchases will be subject to the additional terms and conditions and agreements associated with such purchases. Please review the policies that govern your use of such Services. These services are but not limited to, Non-Disclosure Agreement, Website Development Agreement, Hosting Agreement, SSL Certificate Services Agreement, Website Security Terms of Use, Email Marketing Service Agreement, Local Listing Agreement, Social Media Management Agreement, Search Engine Optimization Terms, Reputation Management Terms, Pay Per Click PPC Advertising Terms, and 360 Marketing Packages Terms. Detailed information can be found on each of the respected links and pages of each agreement.

Additionally there is a Copyright Policy, and Refund Policy.

12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

13. Unsolicited Idea Submission Policy

TIBINT or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should TIBINT’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to TIBINT or anyone at TIBINT. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of TIBINT, without any compensation to you; (2) TIBINT will have no obligation to return your idea to you or respond to you in any way; (3) TIBINT will have no obligation to keep your idea confidential; and (4) TIBINT may use your idea for any purpose whatsoever, including giving your idea to others.

However, TIBINT does welcome feedback regarding many areas of IBINT’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.

14. User Supplied Information

TIBINT does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give TIBINT the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

15. Password Security

If you register to become a Tibint.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

16. General Provisions

a.Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by TIBINT of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. TIBINT therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. TIBINT does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, TIBINT’s Privacy Policy, your use of the Site, any other TIBINT web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.
d. Claims of Copyright Infringement. It is TIBINT’s policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov ).To report an infringement, you must submit a written notice containing the following:

Identification of the copyrighted content alleged to be infringed upon in sufficient detail to specify the copyrighted work (i.e. url or publication information of original copyrighted work).
Identification of content subject to claim of copyright infringement, including the specific url of content submitted, posted, or displayed through the Services.
Contact information sufficient to allow TIBINT to contact you regarding your claim; including your name, address, telephone number, and email address.
A statement by you that you have a good faith belief that aforementioned use of copyrighted content is unauthorized.
A statement by you, under the penalty of perjury that all information provided in the notice is accurate, and that you are either the owner of the allegedly infringed copyright or a person authorized to act on the copyright owner’s behalf.
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.

17. Send written notice to:

If you have questions or concerns, please e-mail: legal@tibint.com