
We can’t wait to hear from you! Please either send us a message using the form to the right, OR email us directly using the email below. We will be in touch right away.
Email Us
Call Us
(405) 504-9032
We can’t wait to hear from you! Please either send us a message using the form to the right, OR email us directly using the email below. We will be in touch right away.
(405) 504-9032
Phone: 405-504-9032
Email: niki@itsagibbon.com
Terms and Conditions
Terms of Use
It’s a Gibbon LLC, its parent and affiliates (“It’s a Gibbon”) provide at least this website (“Website”), its features, and services (collectively the “Service”) subject to the following conditions (“Terms”) which constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and It’s a Gibbon. The Terms apply to you and all visitors, Users, and others who access the Service (“Users”). By clicking the “I Agree” button or accessing or using any part of the website or Service, you signify that you have read, understood and accept the Terms and any policies, notices or other provisions incorporated by reference. It’s a Gibbon reserves the right to amend the Terms at any time without notice and such changes are effective immediately upon posting. Please review the Terms frequently for changes because your continued use of the Service constitutes acceptance of any new Terms. If you do not agree to the Terms or any subsequent modification, do not access or use the Service.
Please note the Terms are written in English and to the extent any translated version of the Terms conflicts with the English version, the English version controls.
Use of Services
It’s a Gibbon offers a collection of online resources including events, ads, downloads, videos, and a place to connect with a community of common interest.
The Service is controlled and operated from its facilities in the United States. It’s a Gibbon makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
Some features of the Service require registering an “Account.” Your Account gives you access to the services and functionality that we may establish and maintain from time to time at our sole discretion. You may never use another User’s Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify It’s a Gibbon immediately of any breach of security or unauthorized use of your Account. It’s a Gibbon will not be liable for any losses caused by any unauthorized use of your Account.
By providing It’s a Gibbon your e-mail address you consent to our using the e-mail address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your e-mail address to send you other messages including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving e-mail messages regarding updates, improvements or offers.
Subject to the Terms, It’s a Gibbon grants you a limited, revocable, nonexclusive personal right to access the Service. It’s a Gibbon grants you a limited, revocable, and nonexclusive right to create a hyperlink to the Service so long as the link does not portray It’s a Gibbon its products or services in a false, misleading, derogatory or otherwise offensive manner. It’s a Gibbon reserves all rights not expressly granted herein. It’s a Gibbon may terminate this license at any time for any reason or no reason.
You agree not to engage in any of the following prohibited activities:
It’s a Gibbon may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in It’s a Gibbon’s sole determination you violate any provision of the Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by the Terms.
All aspects of the Service are subject to change or elimination at It’s a Gibbon’s sole discretion. It’s a Gibbon reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that It’s a Gibbon will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with all other Users who access the Service. We reserve the right, but have no obligation, to monitor disputes between you and other Users. It’s a Gibbon shall have no liability for your interactions with other Users, or for any User’s action or inaction.
User Content and Conduct
Some areas of the Service may allow Users to post comments, questions, feedback, images, videos, and other information (“User Content”). You are solely responsible for User Content that you upload, publish, display, e-mail, link to or otherwise make available (“post”) on the Service.
You agree not to post User Content that:
You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, misleading, or objectionable, and you agree that It’s a Gibbon shall not be liable for any damages you allege to incur as a result of such User Content. You agree that you must evaluate and bear all risks associated with the use of any User Content, that you may not rely on said User Content, and that under no circumstances will It’s a Gibbon be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed or otherwise made available via the Service. It’s a Gibbon is not responsible for any public display or misuse of your User Content. You acknowledge that It’s a Gibbon does not pre-screen or approve User Content, but that It’s a Gibbon shall have the right but not the obligation in its sole discretion to refuse, delete, or move any User Content that is available via the Service for any reason.
By posting any User Content on the Service, you waive all moral rights in the User Content and you expressly grant, and you represent and warrant that you have a right to grant, to It’s a Gibbon, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
It’s a Gibbon Content
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “It’s a Gibbon Content”), and all intellectual property rights related thereto, are the exclusive property of It’s a Gibbon and its licensors. Except as explicitly provided herein, nothing in the Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except those materials expressly made available to you on It’s a Gibbon’s website for your unlicensed use. Use of the It’s a Gibbon Content or materials on the Service for any purpose not expressly permitted is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place It’s a Gibbon under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation or attribution to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You agree not to submit an Idea that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You further acknowledge that, by acceptance of your submission, It’s a Gibbon does not waive any rights to use similar or related ideas previously known to It’s a Gibbon, or developed by its employees, or obtained from sources other than you.
Privacy and Security
Please see the Privacy Notice below, which also governs your use of our Services. Your use of the Service constitutes acceptance of the Privacy Notice and you further acknowledge and agree that It’s a Gibbon may in its sole discretion preserve or disclose your User Content as well as your personal information if required to do so by law or in the good faith belief that such action is reasonably necessary to: enforce the Terms, comply with the legal process, respond to claims, and/or protect the rights, property, or personal safety of It’s a Gibbon, its Users, or the general public.
Notice of Claims of Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify It’s a Gibbon’s copyright agent. As set forth in the Digital Millennium Copyright Act (“DMCA”), you must provide the following information in writing: (i) identification of the material that is claimed to be infringing and where it is located on the Service; (ii) identification of the copyrighted work that you claim has been infringed; (iii) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; (iv) a statement declaring under penalty of perjury that that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; (v) information reasonably sufficient to permit It’s a Gibbon to contact you, such as your address, telephone number, and, e-mail address; and (vi) your physical or electronic signature. The information must be submitted to the It’s a Gibbon’s DMCA Agent:
Copyright Agent
It’s a Gibbon LLC
Address: PO Box 201 Enid, OK 73702
Email: niki@itsagibbon.com
Third-Party Websites and Services
The Service may contain links to co-branded and/or third-party websites and services that are independent from It’s a Gibbon and the Service. It’s a Gibbon has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party/co-branded websites or services nor makes any representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. If you access a third-party/co-branded website from the Service, you do so at your own risk, and you understand that the Terms and the Privacy Notice do not apply to your use of such sites. You expressly relieve It’s a Gibbon from any and all liability arising from your use of any third-party/co-branded website or services or third-party/co-branded owned content. It’s a Gibbon encourages you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
Additionally, your dealings with or participation with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals. You agree that It’s a Gibbon shall not be responsible for any loss or damage of any sort relating to any such dealings. If there is a dispute between Users, or between Users and any third-party, you understand and agree that It’s a Gibbon is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release It’s a Gibbon, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Indemnity
You agree to defend, indemnify and hold harmless It’s a Gibbon, its parent and affiliates, agents, managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of the Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IT’S A GIBBON, ITS PARENT, SUBSIDIARIES, AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR THE SECURITY, TIMELINESS, ACCURACY, RELIABILITY, AND PERFORMANCE OF THE SERVICE AND CONTENT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE OR ANY CONTENT ACCESSIBLE FROM THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
IT’S A GIBBON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IT’S A GIBBON WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THERE IS NO REFUND FOR ANY AMOUNT AFTER THE GIBBON HAS BEEN PUBLISHED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IT’S A GIBBON, ITS PARENT AND AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR THROUGH ANY LINKS. UNDER NO CIRCUMSTANCES WILL IT’S A GIBBON BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT’S A GIBBON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL IT’S A GIBBON, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO IT’S A GIBBON HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IT’S A GIBBON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
General
Governing Law. You agree that: (i) the Service shall be deemed solely based in Oklahoma; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over It’s a Gibbon, either specific or general, in jurisdictions other than Oklahoma. The Terms shall be governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles. Any claim or dispute between you and It’s a Gibbon that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Oklahoma City, Oklahoma.
Notification Procedures. It’s a Gibbon may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by It’s a Gibbon in our sole discretion. It’s a Gibbon reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in the Terms and in the Privacy Notice.
Entire Agreement/Severability. The Terms, together with any other legal notices and agreements published by It’s a Gibbon via the Service, shall constitute the entire agreement between you and It’s a Gibbon concerning the Service. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No Waiver. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and It’s a Gibbon’ failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Our Commitment To Privacy
At It’s a Gibbon LLC, we respect the privacy of our online users.
We strive to safeguard any personal information you provide to us. The goal of this Privacy Notice is to inform you about the types of information that we may gather or collect from you in connection with your use of our Website. The Privacy Notice is also intended to explain the conditions under which we use and disclose that information, and your rights in relation to that information.
Changes to the Privacy Notice are discussed at the end of this document. Each time you use our Website, however, the current version of this Privacy Notice will apply. Accordingly, each time you use our Website you should check the date of this Privacy Notice (which appears at the end of the document) and review any changes since the last time you used the site.
Your Personal Information
It’s a Gibbon’s primary goal in collecting personal information is to provide a relevant, enjoyable, and personalized website experience. Your data also helps us develop better products and services to meet your needs, customize communications to match your preferences, and help you complete online activities and transactions with It’s a Gibbon.
Information You Provide
In order to interact with our Website, you may be asked to provide certain personally identifiable information to us such as your name, mailing address, e-mail address, and phone number. Additional information may be required for specific activities such as:
We request only the information reasonably necessary to provide our goods and services. You can choose not to provide this information but then you might not be able to participate in some of our services or offerings.
Information We Collect
We use common internet technologies such as cookies and beacons to ensure the integrity of our Website to customize portions of our Website for you.
Cookies: Cookies are small pieces of information stored by your browser on your computer’s hard drive at a web site’s request. We use cookies to track the pages you visit during each session on our Website, both to help us improve your experience and to help us understand how our Website is being used. It’s a Gibbon cookies do not contain any personal information, but are used primarily as follows:
Web Beacons: We also place small “tracker gifs” or “beacons” on many of the pages on our Website and in our e-mails. We use these beacons, in connection with cookies, to collect non-personal data on the usage of our site including, but not limited to, the date and time of the visit, the pages visited, the referring web page, the type of browser (e.g., Internet Explorer, Firefox, etc.), the type of operating system (e.g., Windows, Mac, etc.), and the domain name of Internet service providers. This information is collected about thousands of site visits and analyzed as a whole, in aggregate. Web beacons are not used to access or store your personal information.
Disabling Cookies and Beacons: If you are uncomfortable with the collection of information gathered through the use of cookies and beacons, you should disable these features through your browser preferences before accessing our Website; however, please understand this may limit the performance, functionality, and relevance of your experience on our Website. Your browser documentation should provide specific procedures for disabling cookie and beacon support.
IP Address: We analyze IP addresses in aggregate for system administration purposes and to gather broad demographic information about our visitors. We do not link IP addresses to your computer’s User ID, with the following exception: when you place an order using our online checkout process we may record your computer’s IP address with your order to help us identify fraudulent credit card use. We may share this information with the financial institution that issued the credit card with which an order was placed or with law enforcement authorities if we determine, or are notified, that the use of the credit card was fraudulent.
Using Your Information
It’s a Gibbon only uses your personal information to conduct business with you. Some examples include:
We also use this personal information to provide you with information related to your account, the products or services you purchased from us, to better understand your needs and interests, to improve our service and to personalize communications and your web experience.
Sharing Your Information
Your personally identifiable information will not be rented or sold to any third party. It’s a Gibbon may share your personal information as follows:
Your Choices about Receiving E-mail
Protecting Your Information
Communities
Areas of our Website enable you to participate in public services such as discussion forums, chats, and live events. Please use discretion when posting personal information about yourself when using these services. Be aware that when you disclose personal information, such as your name, e-mail address, etc., the information may be collected and used by others to send unsolicited e-mail. These services are open to the public, and what you post there can be seen by anyone and is not protected. It’s a Gibbon cannot control the comments that you may receive while you participate in these services. You may find other people’s comments to be offensive, harmful or inaccurate.
Children’s Privacy
Protecting the online privacy of children is especially important, and those under the age of 13 are protected by federal law. For that reason, It’s a Gibbon does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. It’s a Gibbon does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.
Outside Links
Our Website contains links to and from other websites and It’s a Gibbon is not responsible for the privacy practices of those websites. It’s a Gibbon encourages you to ascertain the privacy practices of those websites before you supply personally identifiable information.
Social Media
Our Website may make third-party social media features available to its users. We cannot endure the security of any information you choose to make public in a social media feature. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
Keeping Your Information Accurate
If you are a registered user of our Website, you can review and update your profile using your user name and password. You also have the option of sending an e-mail to the address noted in the “How to Reach Us” section below to request a change to your information or a copy of the personal information we have collected about you online. In some circumstances, there may be a nominal charge for information requested. We will make every reasonable effort to make sure your requests are met. To protect your privacy, proof of identity is required.
How to Reach Us
If you have questions or concerns about your privacy when visiting our Website, please contact us by e-mail: niki@itsagibbon.com
It’s a Gibbon will work with you to resolve any concerns you have about this Privacy Notice.
Changes to this Privacy Notice
It’s a Gibbon reserves the right to modify this Privacy Notice from time to time. By using our Website, you signify your agreement to the terms of our privacy policy. We may amend this privacy policy at any time. Any and all changes to the Privacy Notice will be reflected on this page and will apply only to information collected after such time as the revision takes effect. We encourage you to frequently check this page for any changes to our Privacy Notice. This Privacy Notice is effective as of and was last updated on July 27,2020
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