Hey guys! Welcome to Vibe's Terms and Conditions of Use (these "Terms"). Our lawyers insist that we impose rules on users to protect all of our hard work. This is a contract between you and Vibe and we want you to know yours and our rights before you use the Vibe application ("App"). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!).
You must be 17 years or older in order to register as a member and use the site. If you are found to be below the required age, your account will be subject for removal without any further notice.
You understand and agree that we may review and delete any content, which in the sole judgment of the company, violates our Terms of Service. This includes but is not exclusive to content which might be offensive, unlawful, and illegal. It also includes content that might violate rights, harm, or threaten the safety of other members.
Any public themes submitted by you during the period of your membership may be retained and used by Vibe. Vibe may also collect revenues associated with that content.
We want our users to be able express themselves as much as possible and post all sorts of things on Vibe, but we have to impose restrictions on certain content which:
Members are subject to communicating in a decent and respectful manner with one another. Any profanity, personal attacks, insults, trolling, etc. towards an individual will not be tolerated. In a social networking site of this nature, conflicts arise naturally. However, be courteous in your communication with other members. The administrators/moderators of the site have the right to remove any harmful or vulgar contents if they do not meet our standards of decency.
Members are prohibited to post, distribute, or disseminate any inappropriate, discriminatory comments/messages/content. This includes profane, abusive, defamatory, infringing, threatening, obscene, unlawful, and racist, topics or posts. Freely exchanging ideas is the essence of building a strong networking website. However, inappropriate topics or posts are disruptive and inflaming, and are not beneficial to our group of members.
Any unauthorized advertisements are strictly prohibited. Members must obtain permission from the company in order to publicize any commercial content within the site.
Spam is defined as any repetitive entries (sensible or insensible) posted multiple times so as to annoy readers or disrupt the harmony of the site. Pyramid schemes, chain letters and messages along this line are also prohibited.
Members must tightly follow the themes of the site including but not limited to gossip, forums and groups. Avoid ranting or rambling off on a tangent. In order to develop an enjoyable interaction and discussion environment it is imperative to tie your posts, entries, gossip stories, topics and comments closely to the mainstream of the discussion and interaction.
Nonsensical posts include but not limited to posts, entries, gossip stories, topics and comments, with little or no meaning, that serve no benefit to members' social interaction and discussion environment. Posts, entries, topics and gossip stories of that nature will be removed.
Members should make sure they have permission before posting material owned by others. Plagiarism is illegal and unethical and is not allowed on the site. When using another person's words either from within or outside the site, users should be careful to give credit to the original source, and not represent that content as their own.
Communication to members in indecent, disrespectful, inappropriate, harassing and sexual manner is strictly prohibited. Persistently asking for personal contact information in such a way that it becomes a great nuisance will not be tolerated. Be considerate when you communicate with other members.
Profiles created for sending scams. This includes but is not limited to invitations to donate money to bank accounts, financial plea letters, and invitations to invest in companies. All users should be wary of individuals asking them to take part in financial transactions.
Profiles that were created to impersonate or an attempt to impersonate another member, person or entity using personal information and photos that belongs to someone else such as email address with or without full knowledge and consent of the real owner will be banned immediately from the site.
Hacking accounts for any reason is strongly prohibited. Accounts should only be used by the rightful owner of the account information. Should this condition be violated, the company will investigate thoroughly, and the appropriate legal action will be taken.
The company provides features for people to add additional HTML to the member's homepage. These features are intended for the member to decorate or change the layout of their homepage. Members must not misuse these feature. Activities which are considered 'misuse' include but not limited to:
Codes that hide or remove advertisements.
Codes that hide, remove, or prevent operation of Vibe's top navigation bar and main section of user's homepage.
Codes that redirect users to another web page.
Codes that give the impression that your page is faulty or terminated.
Codes which otherwise interfere with our member's free usage of the site.
Members are strictly prohibited to post, distribute, or disseminate any contents that contains software viruses, bots, worms, files, programs or any other malicious computer code that will interrupt, cause harm and limit the site and functionality of the user's system.
Members are prohibited from posting material which promotes racism, sexism, hatred, bigotry; or any attack on an individual or group based on such things as religious belief or sexual orientation. Intellectual debate and sharing opinions and views on these subjects is allowed, but members should use a respectful tone.
Trolling includes controversial, irrelevant, unsubstantiated comments intended to annoy, antagonize, provoke other users into emotional response or disrupt the flow of topic discussion. Forum administrators will remove contents that may be perceived as trolling immediately, including but not limited to topics, comments, images and homepages.
Reports about content violations including but not limited to topics, comments, messages, photos, journals, groups, events, music, gossip stories, should be done through the report feature found on all content pages. If the report feature is not found on the page, you may send a private message to our Admin account.
We don't like users misbehaving in the Vibe community – users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the 'Block & Report' link.
Also, we don't appreciate users doing bad things to Vibe - we've worked hard on our creation, so scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the ability to extend your matches (“In-App Products”). If you choose to use Premium Services or make In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Vibe are made as well as how such payments may be changed or cancelled. Your subscription to Vibe’s Premium Services will automatically renew until you decide to cancel in accordance with such terms, except in the case of Vibe Coins where there shall be no automatic renewal. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
If you choose to make an In-App Purchase, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription, except in the case of Vibe Coins where there shall be no automatic renewal. Please note that for Premium Services and In-App Products made on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you made an In-App Product for a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.
Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, Vibe does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, Vibe and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases.
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Vibe services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at email@example.com
All the actions you make and information you post on Vibe remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or wilful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
There are a few more things we need to mention before you can use Vibe. Please bear with us, we're nearly done!
Firstly, those standard clauses at the end of most contracts (boring, we know)These Terms, which we may amend from time to time, constitute the entire agreement between you and Vibe. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Vibe has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Vibe and provides that information on an "as is", "as available" basis. Vibe does not give or make any warranty or representation of any kind about the information contained on Vibe, whether express or implied. Use of Vibe and the materials available on it is at your sole risk. Vibe can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Vibe is free of viruses or other harmful components. You accept that Vibe will not be provided uninterrupted or error free, that defects may not be corrected or that Vibe, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Vibe is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We know our Terms are awesome, but we may have to change them now and againAs Vibe grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Vibe following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Vibe immediately (uh oh, that's going to be hard!).
Some more legal mumbo jumboIf, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; andyou are not listed on any U.S. Government list of prohibited or restricted parties.By using the App, you agree and acknowledge that Vibe is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Vibe, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; orthe content, products, or services on or available from such websites or resources.Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.