Gabble Terms and Conditions

Terms of Use

Humanese

Gabble is in a private Beta. We will try our utmost to provide a reliable and valuable service to users, but we expect a fair amount of change in the coming months. Please bear with us!

Our Terms & Conditions are also in Beta, and are expected to evolve during this period. Although the Service is in Beta and offered free to those participating, there may be a charge for the Service in the future. Gabble is for your personal use only. We are always interested to hear what you think; let us know via our Contact Us page!

Terms of Use

Legalese

Gabble Website - Terms of use and legal restrictions

ATTENTION: PLEASE READ THESE GABBLE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS GABBLE WEBSITE ("SITE"). USING THE SITE INDICATES THAT YOU HAVE READ AND ACCEPT (A) THESE TERMS; (B) THE HP ONLINE PRIVACY STATEMENT (HP Online Privacy Statement) AND INCORPORATED HERE BY REFERENCE; AND (C) GABBLE'S COMMUNITY GUIDELINES, FOUND HERE AND ALSO INCORPORATED HERE BY REFERNCE. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT OWNED OR LICENSED BY HEWLETT-PACKARD COMPANY ("HP") (SUCH AS TEXT, DATA, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS, AND INCLUDING WITHOUT LIMITATION, MESSAGES USER SUBMISSIONS (AS SUCH TERM IS DEFINED BELOW)) THAT HP MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, "GABBLE MATERIALS") AND ANY SERVICES THAT HP MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, THE "SERVICE"). THE SITE, GABBLE MATERIALS, AND SERVICE ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS "GABBLE."

Use of Gabble

The Service allows you to: (a) upload to the Site User Messages you create which may include submitted video and photographic content and submitted textual and audio content, or user comments, all of which are collectively referred to as "User Messages"; and (b) post your User Messages on the Site (for general public or restricted private viewing), and distribute copies of your User Messages to other users of Gabble (in which case you may be referred to herein as a "Publisher"). HP authorizes you to use Gabble only for your own, personal use. Use of Gabble on behalf of third parties is strictly prohibited. You may not distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, create derivative works of, or otherwise exploit the Gabble Materials or any other aspect of Gabble, and, as between you and HP, HP owns Gabble, in each case except for your own User Messages or User Submissions (as defined below) to which you have all necessary rights. Gabble is protected under United States and international copyright laws. Any unauthorized use of Gabble may violate copyright, trademark, and other laws.

Access

You control who views your User Messages and User Submissions through your ability to allow other users to join your Gabble community. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of Gabble and for paying all charges related thereto. In order to post User Messages or User Submissions through Gabble, you will need to open a Gabble account. When you register to open a Gabble account, or when you contact HP through Gabble for the purpose of receiving products or services, HP may collect certain personal information about you (e.g., your name, postal address, telephone number and email address), (collectively, "Personal Information"). You agree that HP may use such Personal Information in accordance with the provisions of the HP Online Privacy Statement. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Gabble account, to update such information to keep it true, accurate, current, and complete). HP may use third-party service providers to perform all or any portion of the Service or other activities in connection with Gabble; provided however, that HP shall require such third-party service providers to comply with the terms of the HP Online Privacy Statement to the extent such third-party service providers receive your Personal Information. Gabble is intended for use by residents of the United States.

Gabble Accounts

In order to access some of the features of Gabble and to publish your User Messages or post your User Submissions, you will need to create a Gabble account. You must be at least 18 years of age to set up a Gabble account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the User Messages and User Submissions you post to Gabble. You control who views your User Messages and User Submissions through your ability to allow other users to join your Gabble community. You are responsible for maintaining the confidentiality of your Gabble password and you are solely responsible for all activities that occur under your password. You agree to notify HP immediately of any unauthorized use of your password or any other breach of security related to Gabble. HP reserves the right to require you to change your password if HP believes that your password is no longer secure. A condition of membership is your "Active Participation" in the Service. Active Participation is defined as submitting User Messages or User Submissions, at least once every 6months. If you cease Active Participation or any reason, HP may terminate your membership and your use of the Service and may remove and discard all information, communications, User Messages, User Submissions and other content uploaded by you or otherwise made available by you within the Service.

Prohibited uses

You agree not to use Gabble (including, without limitation, any User Message or User Submission, or other information or data you may obtain through your use of Gabble): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual, including through abuse of any violation flagging or reporting mechanisms made available through Gabble; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt Gabble or servers or networks connected to Gabble. You further agree not to: (e) use any data mining, robots, or similar data gathering or extraction methods in connection with Gabble; or (f) attempt to gain unauthorized access to any portion of Gabble or any other accounts, computer systems, or networks connected to Gabble, whether through hacking, password mining, or any other means.

Termination

HP may terminate, suspend, or modify your registration with, or access to, all or part of Gabble, without notice, at any time and for any reason, including without limitation, for (a) any conduct that violates these Terms, the Community Guidelines, the HP Privacy Statement or other policies or guidelines set forth elsewhere within the Service; or (b) conduct HP believes is harmful to other Gabble users, the business of HP or HP affiliates; or (c) failure to maintain Active Participation in the Service. You may discontinue your participation in and access to Gabble at any time. Please contact Gabble Customer Service if you wish to close your Gabble account. If you breach any of these Terms, your authorization to use Gabble (including without limitation, permission to access your Gabble account) automatically terminates and you must immediately destroy any downloaded or printed Gabble Materials (and any copies thereof) other than any User Messages which you are otherwise lawfully entitled to retain (provided that you continue to comply with these Terms to the extent applicable to your use of the User Messages).

Disclaimers

GABBLE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF GABBLE IS WITH YOU. SHOULD THE GABBLE MATERIALS PROVE DEFECTIVE, YOU, AND NOT HP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. HP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO GABBLE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HP MAKES NO WARRANTY THAT GABBLE WILL MEET YOUR REQUIREMENTS OR THAT GABBLE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN GABBLE WILL BE CORRECTED. HP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GABBLE OR AS TO THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION, USER MESSAGES AND USER SUBMISSIONS) OBTAINED THROUGH GABBLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH GABBLE OR FROM HP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (EACH A "GABBLE PARTY") SHALL CREATE ANY WARRANTY. HP DISCLAIMS ALL EQUITABLE INDEMNITIES.

Limitation of liability

IN NO EVENT WILL ANY OF THE GABBLE PARTIES BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH GABBLE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF GABBLE, INCLUDING WITHOUT LIMITATION, ANY USER MESSAGES AND USER SUBMISSIONS), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY GABBLE PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Gabble Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the relevant Gabble Party's liability shall be the minimum permitted under such applicable law.

Other agreements; software

HP may provide products (such as hardware or software) or services (such as hardware or software installation, maintenance, repair or training) under the terms of a separate agreement between you and HP (each, an "Other Agreement"). HP's obligations with respect to any product or service that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any software that is made available for download or use through Gabble ("Software"), such as Software for creating User Messages for posting through the Service, is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you have first agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Gabble Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

Modifications to Gabble

HP reserves the right to modify, suspend, or discontinue Gabble at any time, and for any purpose, without notice to you. For example, HP may make changes to the Gabble Materials and/or Service, or to the products and prices described in them, at any time without notice. The Gabble Materials and Service may be out of date and HP makes no commitment to update the Gabble Materials and Service whatsoever.

User Messages and User Submissions

Gabble permits you to submit User Messages and other user generated content such as feedback, comments, suggestions, ideas, information, data, text, software, music, sound, photographs, graphics, video, messages,(each, a "User Submission"). By submitting a User Submission, and as a condition of using the Service, you grant to HP an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to: (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that HP deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission (or any modification thereto), in whole or in part, into any technology, product, or service). HP reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes.

HP may, but is not obligated to, pre-screen User Messages and User Submissions or monitor any area of Gabble through which User Messages and User Submissions may be submitted. In addition, HP may, but is not obligated to, provide users of Gabble with the ability to flag or otherwise report User Messages and User Submissions that violate these Terms. Nevertheless, you agree that you are solely responsible for all of your User Messages and User Submissions. HP is not required to host, display, or distribute any User Messages or User Submissions on or through Gabble and may remove at any time, or refuse any User Messages or User Submissions, for any reason. HP is not responsible for any loss, theft, or damage of any kind to any User Messages or User Submissions. HP does not want to receive any User Message or User Submission that contains any confidential information. You understand and agree that all User Messages (even those that you limit to restricted viewing) and User Submissions will be considered non-confidential and, in the case of User Submissions (but not User Messages), non-proprietary. HP will be free to disclose your User Messages (except for those you limit to restricted viewing in accordance with the procedures posted on the Site) and User Submissions to any third-party without any obligation of confidence on the part of the recipient. HP is not responsible for any unauthorized disclosure of your User Message by a user to whom you granted access. In addition, HP does not guarantee that you will have any recourse through HP or any third-party to edit or delete any or all User Messages and User Submissions you have submitted.

User Messages and User Submissions are created by Service users like you, and do not necessarily reflect the opinions, views or position of HP. Your User Messages and User Submissions are intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. The Publisher who posts a User Message through the Service determines the content, look, and feel of the User Message. HP simply displays, stores and distributes such User Message as a service to the Publisher. Accordingly, HP is not responsible for the content of the User Messages.

You understand that if you include any of your Personal Information in any User Message or User Submission, that Personal Information will be visible to anyone who sees your User Message or User Submission and you hereby authorize HP to post such Personal Information on your behalf. You must not include any Personal Information belonging to a third-party without that third-party's express prior permission, or the permission of their parent or legal guardian if he or she is under eighteen (18) years old, in each case to the extent such permission is required by Law.

You understand that HP has no obligation to store, archive or back-up any User Messages or User Submissions provided by you, and it is your sole responsibility to retain copies of your own User Messages and User Submissions for your own future reference and use.

User Message and User Submission representations and warranties

By submitting any User Message and/or User Submission, you represent and warrant that:

a. you are either more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions, obligations, affirmations, representations, and warranties set forth in these Terms. In any case, you affirm that you are over the age of 13, as Gabble is not intended for children under 13 and that you are a U.S. resident;
b. you own or otherwise hold all necessary rights in your User Messages and User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Messages or User Submissions) or, alternatively, you have acquired all necessary rights in your User Messages and User Submissions to enable you to grant to HP the rights in your User Messages and User Submissions described herein (and you agree to deliver to HP promptly upon request copies of all consents and other documents granting you such rights);
c. you are not aware of any claims, causes of action, or other legal proceedings that have commenced, are reasonably anticipated or likely to commence, or are threatened, relating to any User Messages or User Submissions that you submit through Gabble;
d. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Messages and User Submissions;
e. you are the individual pictured and/or heard in your User Messages and User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of 18) who appears and/or is heard in your User Messages and User Submissions, to the extent required by Law and as otherwise necessary to grant the rights to HP described herein;
f. you will not engage in the use, copying, or distribution of any User Messages or User Submissions;
g. you voluntarily agree to waive all "moral rights" that you may have in your User Messages and User Submissions, to the extent such moral rights might conflict with the rights granted by you to HP herein;
h. your User Messages and User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third-party;
i. any factual information contained in your User Messages and User Submissions is not known by you to be false, inaccurate, or misleading;
j. your User Messages and User Submissions do not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
k. your User Messages and User Submissions are not, and may not reasonably be considered to be, defamatory or libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person's privacy;
l. no third-party has paid or will pay you money or any other form of consideration for submitting your User Submissions;
m. your User Messages and User Submissions contain no materials that reference other web sites, addresses, email addresses, contact information, or phone numbers (other than your own), in violation of any applicable Law, including without limitation, any applicable privacy laws;
n. your User Messages and User Submissions do not promote or contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
o. your User Submissions do not contain any information that you consider proprietary, and your User Messages and User Submissions do not contain any information that you consider confidential;
p. your User Messages and User Submissions do not contain any advice or instruction (including without limitation any recipe) that, if used or relied upon, poses any risk of personal injury, death, or property damage;
q. your User Messages and User Submissions do not promote, contain or constitute any junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unauthorized advertisement or solicitation that violates any Law. To avoid doubt, your User Messages may include bona fide commercial advertisements to the extent these are permitted by Law; and
r. in connection with your User Messages and User Submissions, you will not submit material that is contrary to the Gabble Community Guidelines, found here, which may be updated from time to time.

You agree not to submit to Gabble any User Messages or User Submissions for which any of the foregoing representations and warranties are or may be untrue.

Links to third-party websites

Links on Gabble to third-party websites are provided solely as a convenience to you. If you use these links, you will leave Gabble. HP is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, HP does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from Gabble, you do this entirely at your own risk.

Linking to the Site

You may create links to the Site from other websites, but only in accordance with the following terms and in compliance with all applicable Laws.

Absent HP's written authorization otherwise, a website that links to the Site:

a. may link to, but shall not replicate, any Gabble Materials (including any Gabble or HP logo) except that you may replicate any User Submissions or User Messages in which you hold all necessary rights;
b. shall not create a browser or border environment around any Gabble Materials on the Site;
c. shall not imply that HP endorses such website or any products, services, or content available through such website;
d. shall not misrepresent its relationship with HP;
e. shall not present false or misleading information about HP, its products, or its services;
f. shall not contain content that reasonably could be considered to be defamatory or libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person's privacy; and
g. shall contain only content that is appropriate for persons over 13 years old.

Trademarks

Gabble, HP and any other product or service name or slogan or logo contained in Gabble are trademarks of HP and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HP or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with HP or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of HP without HP's prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of HP and may not be copied, imitated, or used (in whole or in part) without HP's prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by HP.

Procedure for making claims of infringement

HP respects the intellectual property rights of others. Accordingly, HP has a policy of removing User Messages and User Submissions that violate copyright law; suspending access to Gabble (or any portion thereof) to any user who uses Gabble in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses Gabble in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512 (the Digital Millennium Copyright Act), HP has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of Gabble, please provide written notice to the following HP agent for notice of claims of infringement.

Trademark and Copyright Counsel
Hewlett-Packard Development Company, L.P.
3000 Hanover Street, MS 1051
Palo Alto, CA 94304
Tel: (650) 857-1501
Fax: (650) 236-9855
Email: dmca_copyright_notice@hp.com

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow HP to locate that material; (d) contain adequate information by which HP can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to HP's designated agent, as they will be deleted upon receipt.

U.S. government restricted rights

Any Gabble Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government"), are provided with Restricted Rights. All technical data, or HP commercial computer software/documentation, are subject to the provisions of FAR 12.211 - "Technical Data", and FAR 12.212 - "Computer Software" respectively, or to clauses providing HP equivalent protections in DFARS or other agency specific regulations. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer: Hewlett Packard Company, 3000 Hanover Street, Palo Alto, CA 94304 1185, USA.

International and export issues

HP administers the Site from its offices in Palo Alto, California and the Service is only intended for use by U.S. residents. Without limiting the foregoing, HP makes no representation that Gabble is appropriate or available for use outside the United States and access to Gabble from territories where its contents are illegal or restricted is prohibited. If you choose to access Gabble from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of Gabble and to not transfer, or authorize the transfer, of any Gabble Materials to a prohibited country or otherwise, in violation of any Laws. In particular, but without limitation, the Gabble Materials may not, in violation of any Laws, be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using any Gabble Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to indemnify, defend, and hold harmless the Gabble Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including without limitation, reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your Gabble account) violation of these Terms. HP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with HP's defense of such claim.

Electronic communications; Notice

When you visit the Site or send e-mails to HP, you are communicating with HP electronically. You consent to receiving communications from HP electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that HP provides to you electronically, satisfy any legal requirement that such communications be in writing. Nevertheless, you agree to send any notices that are required or permitted to be given by these Terms to HP only in the manner specified for such purposes on the Site.

General

These Terms, together with the Community Guidelines, any other terms, guidelines, or policies referred to in these Terms, and any additional terms to which you agree when using particular elements of Gabble, constitute the entire and exclusive and final statement of the agreement between you and HP with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and HP with respect to such subject matter. These Terms and the relationship between you and HP shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of Gabble shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms or to any activities carried out by either party pursuant to these Terms. The failure of HP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of HP and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of Gabble. These Terms will be interpreted without application of any strict construction in favor of or against you or HP. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HP without restriction. HP and you are independent contractors, and nothing in these Terms is intended to create, or will be construed as creating, any employment, partnership, joint venture, agency or comparable relationship. HP will have no liability to you or any third-party, for any failure by HP or its agents, to perform its or their obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of HP or its agents, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, failure or delay in transportation, civil commotion or other event of force majeure. Any comments, suggestions, or feedback relating to Gabble submitted to HP shall become the property of HP or its designee.

Modifications to these Terms

HP may, in its sole and absolute discretion, change these Terms from time to time. HP will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using Gabble. Continued use of Gabble following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of Gabble and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

Last change of Terms and Conditions: 5/7/2009