Terms & CONDITIONS OF USE


Effective Date: June 1, 2018

Welcome to Vibes’ Terms and Conditions of Use (these "Terms"). This is a contract between you and Successful Business Co., the company that owns Vibes, and we want you to understand your rights and the company’s rights before you use the Vibes application ("App"). Please take some time to read these Terms before using the App, because once you access, view or use the App, you are going to be legally bound by these Terms.

 

I. INTRODUCTION AND ELIGIBILITY

Please read these Terms carefully before using Vibes.

These Terms include Vibes' Privacy Policy, which is incorporated by reference into these Terms. We have included several annotations in italics to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

 

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Services means you accept any changes.   


"Vibes" means the website and linked webpages located at vibes.af (the "Vibes Site") and any other website, mobile application, or Internet service under the control of Successful Business Co, Inc., whether partial or otherwise, in connection with providing an online platform for our services. Vibes is an electronic, multi-media communications platform specifically designed to help facilitate the sharing of video messages between users.

Binding Agreement. These Terms constitute a binding agreement between you and Successful Business Co, Inc. and its affiliates and subsidiaries ("Vibes," "we," "us"). "You" and "users" shall mean all visitors to the Vibes Site and users of Vibes. You accept these Terms each time you access Vibes. If you do not accept these Terms, you must not use Vibes.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of Vibes after a change to these Terms constitutes your binding acceptance of these Terms.

The terms "post" and "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, messaging, or similar action on the Vibes Site or through Vibes.

Eligibility to Use Vibes

By creating an account and using the App, you represent and warrant that:

  • you are at least 18 years of age,

  • you are an individual creating an account and using the App for your personal and non-commercial use;

  • you can form a binding contract with Successful Business Co.,

  • you are not a person who is barred from using the App under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,

  • you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations, and

  • you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.


Children. No part of Vibes is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS Vibes AT ANY TIME OR IN ANY MANNER.
 

Social Media Connection. You may register with Vibes through your account with certain third party social networking services ("SNS"), including Facebook. When you register through your SNS account, you will be asked to login to Vibes using your SNS account credentials. By creating a Vibes account via your account with an SNS, you are allowing Vibes to access your SNS account information (e.g., photos, age, gender, and name) and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of Vibes via such SNS. Members have the option to disable the connection between their Vibes account and SNS account at any time by notifying us at support@vibes.af. For more information about the information we collect from you and how we use it, please consult our Privacy Policy.

 

II.  YOUR ACCOUNT

You are responsible for your log-in credentials and for keeping your information accurate.

You are responsible for any activity resulting from the use of your log-in credentials on Vibes. You may not use another person’s account without permission.

You represent and warrant that the information you provide to Vibes upon registering for use of Vibes and at all other times will be true, accurate, current, and complete.

Your Log-In Credentials. To use Vibes, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of Vibes and to preserve the confidentiality of your username and password, and any device that you use to access Vibes.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Vibes by e-mail to support@vibes.af. You will be solely responsible for the losses incurred by Vibes and others due to any unauthorized use of your account.
 

III. COMMUNICATIONS

Vibes may communicate with you by email, by SMS message, by posting notice on the Vibes Site, or by notifying you through a Vibes mobile application. You may request that we provide notice of security breaches in writing.

You agree to receive email from us at the email address you provided to us for customer service-related purposes.

Electronic Notices. By using Vibes or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Vibes. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Vibes Site, by notifying you through a Vibes mobile application, or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@vibes.af.

 

IV. VIBES' CONTENT OWNERSHIP AND USE

Vibes owns or has rights to all of the content we make available through Vibes, but you may use it as you use Vibes. You cannot use our logo without our written permission.

The contents of Vibes include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Vibes content (collectively, "Vibes Content"). All Vibes Content and the compilation (meaning the collection, arrangement, and assembly) of all Vibes Content are the property of Vibes or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use Vibes and Vibes Content solely for the personal and noncommercial use of Vibes, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of Vibes Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Vibes Content on any copy you make of Vibes Content.

Vibes Marks. Vibes, the Vibes logo, and other Vibes logos and product and service names are or may be trademarks of Vibes (the "Vibes Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Vibes Marks.

 

V. USER CONTENT AND OUR LICENSE TO USE IT

You, or the people who allow you to use their content, own all of the content you post using Vibes. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.

It is very important that you have permission to use other people's content or they may be able to sue you for violating their legal rights.

Vibes Claims No Ownership. Vibes may provide you with the ability to create, post, or share content ("Your User Content"). Vibes claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through Vibes. You are responsible for protecting those rights.

Vibes' Use of Posted Content on or through Vibes. By creating, posting, or sharing Your User Content on or through Vibes, and subject to Vibes' Privacy Policy, you grant Vibes a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit Your User Content for any purpose without compensation to you, including for the purpose of promoting Vibes and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. This license will continue even after you stop using Vibes. You also hereby grant each user of Vibes a non-exclusive license to access Your User Content through Vibes. Vibes reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.  We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

You Acquire No Ownership of Others' Content. You do not have any rights in relation to other users' content (“Others’ Content”), and you may only use other users' personal information to the extent that your use of it matches Vibes’ purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. You understand and agree that you will not obtain, as a result of your use of Vibes, any right, title, or interest in or to such content delivered via Vibes or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content. We reserve the right to terminate your Account if you misuse other users' information. 

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through Vibes or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through Vibes does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on Vibes does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through Vibes. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary. As Your User Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. 

You Agree Not to Post Inappropriate Content. Your User Content may not contain any content that:

1. is sexually explicit or pornographic;

2. creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;

3. may create a risk of any other loss or damage to any person or property;

4. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

5. violates, or encourages any conduct that violates laws or regulations;

6. solicits payment or personal financial information from other users;

7. contains any information or content we deem to be hateful, violent, harmful, abusive, homophobic, transphobic, misogynistic, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

8. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);

9. infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;

10. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

11. involves the transmission of "junk" mail or "spam";

12. contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Vibes or otherwise;

13. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or

14. is fraudulent, false, misleading, or deceptive.

Vibes contains content from users and other Vibes licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Vibes.

You may not display any personal contact or banking information in conversation starters, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, social media handles). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. 

Vibes strives to encourage a respectful user experience through our (1) code of conduct, which is integrated into the onboarding experience of every user,  (2) our unique moderation system, which is seamlessly integrated into the experience of using the App, and (3) double opt-in, which only allows users to communicate if they have both indicated interest.  Howeverwe are not responsible for the conduct of any user on or off of the App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the App or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You are solely responsible for your interactions with other users. You understand that Vibes does not conduct criminal background checks on its users or otherwise inquire into the background of its users.  Vibes makes no representations or warranties as to the conduct of users.  Vibes reserves the right to conduct – and you agree that Vibes may conduct – any criminal background check or other screenings (such as sex offender register searches) at any time using available public records.

As Vibes is a public community, Your User Content will be visible to other users of the App, so make sure that you are comfortable sharing Your User Content before you post. As such, you agree that Your User Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Vibes Users).

We have the right to remove, edit, limit or block access to any of Your User Content at any time, and we have no obligation to display or review Your User Content.

 

VI. COPYRIGHT POLICY

Tell us if you think a user has violated your copyright using Vibes, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on Vibes infringe your copyright, you (or your agent) may send us a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on Vibes are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on Vibes;
Your name, address, telephone number, and email address (if available);
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 the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to Vibes should be sent to Successful Business Co, Inc., 584 Castro #782, San Francisco, CA 94114 (support@vibes.af). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.


VII. SUGGESTIONS AND SUBMISSIONS

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding Vibes. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("creative ideas"), we shall:

1. own, exclusively, all now known or later discovered rights to the creative ideas;

2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and

3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

 

VIII. USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS

You are responsible for your actions when using and relying on Vibes or content available on Vibes.

You agree to:

  • comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
  • use your real name on your profile;
  • use the services in a professional manner.

You agree that you will not:

  • act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
  • misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
  • disclose information that you do not have the consent to disclose;
  • create or operate a pyramid scheme, fraud or other similar practice.

You can report any abuse or complain about Others’ Content by contacting us through our in-app report mechanisms, and/or by sending an email to support@vibes.af.


We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users ("User Content"). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using Vibes you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on Vibes. Vibes does not endorse any, nor is it responsible for, User Content on Vibes. You assume all risks associated with Your User Content, including anyone's reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

Do not misuse Vibes, try to break it, or steal our hard work.

You agree to use Vibes only for its intended purpose. You must use Vibes in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of Vibes are prohibited. You may not:

1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to Vibes, user accounts, or the technology and equipment supporting Vibes;

2. frame or link to Vibes without permission;

3. use data mining, robots, or other data gathering devices on or through Vibes, unless specifically allowed by these Terms;

4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

5. disclose personal information about another person or harass, abuse, or post objectionable material;

6. sell, transfer, or assign any of your rights to use Vibes to a third party without our express written consent;

7. post advertising or marketing links or content, except as specifically allowed by these Terms;

8. use Vibes in an illegal way or to commit an illegal act in relation to Vibes or that otherwise results in fines, penalties, and other liability to Vibes or others; or

9. access Vibes from a jurisdiction where it is illegal or unauthorized.
 

 

IX. CONSEQUENCES OF VIOLATING THESE TERMS

If you do not act acceptably, we may prohibit your use of Vibes.

We reserve the right to suspend or terminate your account and prevent access to Vibes for any reason, at our discretion. We reserve the right to refuse to provide Vibes to you in the future.

Vibes may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of Vibes.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of Vibes.



X. VIBES' LIABILITY

We are not liable for the actions of users when they use Vibes. We may also change Vibes at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using Vibes or other websites.

Changes to Vibes. We may change, suspend, or discontinue any aspect of Vibes at any time, including hours of operation or availability of Vibes or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using Vibes. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Vibes of all claims, demands, and damages in disputes among users of Vibes. You also agree not to involve us in such disputes. Use caution and common sense when using Vibes.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of Vibes. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through Vibes. Use Vibes at your own risk.

Third-Party Websites. Vibes may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

Third-Party Functionality. Vibes may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties' terms and conditions.

We make no promises and disclaim all liability of specific results from the use of Vibes.

Released Parties Defined. "Released Parties" include Vibes and its affiliates, officers, employees, agents, partners, and licensors.

A. DISCLAIMER OF WARRANTIES

You use Vibes at your own risk. We make no warranties or guarantees.
 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF VIBES IS AT YOUR SOLE RISK, AND VIBES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON VIBES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) VIBES WILL MEET YOUR REQUIREMENTS, (ii) VIBES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VIBES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON VIBES WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN VIBES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VIBES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you in connection with your use of Vibes. If you use Vibes in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Vibes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Vibes; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF VIBES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON VIBES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO VIBES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH Vibes OR YOUR USE OF Vibes CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Vibes Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
 

XI. THIRD PARTY APP STORE

The following additional terms and conditions apply to you if you download the App from a Third Party Store (e.g., Apple, Android). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

 

1. These Terms are concluded solely between you and Successful Business Co. and not with the providers of the Third Party Store, and Successful Business Co. (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.

2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Successful Business Co. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bumble Trading Inc.

3. Successful Business Co., not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

 

The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.


 

XII. GENERAL TERMS

These Terms constitute the entire agreement between you and Vibes concerning your use of Vibes. Our failure 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, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.



XIII. ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL

We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of Vibes.

These Terms and the relationship between you and Vibes shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Vibes agree to submit to the personal and exclusive arbitration of any disputes relating to your use of Vibes under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco county in the state of California. You covenant not to sue Vibes in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of Vibes or these Terms:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
 

Contact Information

Vibes c/o Successful Business Co, Inc.
584 Castro #782
San Francisco, CA 94114

support@vibes.af