PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Welcome to Vibe. We are glad you have chosen to use our application. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Service. Thank you.
ACCEPTANCE OF TERMS OF SERVICE
By downloading and using Vibe ("Vibe," "we" or "us"), you accept and agree to be bound by these Terms of Service. Vibe may at any time modify these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the Vibe website, Vibe.co.uk. The most current version will supersede all previous versions. By continuing to use the Vibe application after changes are made and notified to you (on the mobile number you have registered with us), you agree to be bound by such changes.
PRIVACY
Any information that you submit or we collect when you are using the Vibe application is subject to the Vibe Privacy Policy, the terms of which are incorporated into these Terms of Service.
LIMITATIONS ON USE
You must be at least 13 years old to download and use the Vibe application, or, if you are not at least 13, you may download and/or use the Vibe application only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the Vibe application.
INTELLECTUAL PROPERTY
Blue Storm Media INC/ Ltd and/or its licensors are the sole owners of the Vibe application, which includes any software, domains, and content made available through it. The Vibe application is protected by UK, US and International copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and Vibe grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the Vibe application without Vibe's prior express written permission. Any unauthorized use of the Vibe application will terminate the limited license granted by us. Vibe and its graphics, logos, icons and service names related to the Vibe application are registered and unregistered trademarks or trade dress of Blue Storm Media Sprl. They may not be used without Vibe's prior express written permission. All other trademarks not owned by Vibe that appear in connection with the Vibe application are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Vibe.
ELECTRONIC COMMUNICATIONS
By downloading and/or using the Vibe application, you consent to receiving electronic communications and notices from Vibe. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
YOUR CONDUCT
By downloading and using the Vibe application, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Vibe application. You also agree not to interfere with the servers or networks connected to the Vibe application or to violate any of the procedures, policies or regulations of networks connected to the Vibe application, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Vibe application; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Vibe application; (3) use the Vibe application for any unlawful purpose; or (4) resell or export the software associated with the Vibe application.
Vibe does not promote, recommend or condone use of the Vibe application during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Vibe application during such activities.
THIRD PARTY OFFERS
The Vibe application may contain links to third party web sites or programs that are not controlled by or affiliated with Vibe. Blue Storm Media Inc/Ltd is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honour any offer. Your dealings with third party sites are solely between you and the applicable third party.
CHARGES FOR USING THE VIBE APPLICATION
Vibe currently provides the Vibe application to you free of charge. However, when you use the Vibe application, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility. The Vibe application may not be accessible in some foreign countries, this will depend on the Vibe application being supported by the foreign network. You should check with the local carrier whether you will be required to pay additional charges for such access. The ability to download or access the Vibe application may be restricted or impaired when on a roaming network abroad
USE OF INFORMATION SUBMITTED
You agree that Vibe is free to use any comments, information or ideas contained in any communication you may send to Vibe without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Vibe application or other products or services.
NO WARRANTY & LIABILITY LIMIT
Vibe provides the Vibe application "as is" and without any warranty or condition, whether express, implied or statutory. Vibe specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Vibe assumes no liability or responsibility for any errors or omissions in the Vibe application; any failures, delays or interruptions in the Vibe application; any losses or damages arising from the use of the Vibe application, including, without limitation, any damage to your mobile device; or any conduct by users of the Vibe application. We reserve the right to deliver the Vibe application in our sole and absolute discretion.
In no event shall Vibe, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Vibe application or these terms of service, on any theory of liability, and whether or not advised of the possibility of damage. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
INDEMNITY
You agree to indemnify and hold Vibe and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Vibe application or your violation of any law or the rights of any third party.
DISPUTES
Governing Law
You agree that these terms of service or any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law and equitable claims) between you and Vibe arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the Vibe application, Vibe's advertising or any related transaction shall be governed by and construed in accordance with the laws of California USA.
GENERAL
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and Vibe with respect to the subject matter hereof.
CONTACT US
If you have any questions about these Terms of Service or the download and/or use of the Vibe application, please contact us at:
Vibe
Blue Storm Media Inc Ltd
541 Jefferson Avenue
Redwood City
California
CA 94063
Info@insas.org