We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on Vibe and use the Service. By creating an account and using the Service, you represent and warrant that you are at least 18 years of age.
3. Your Account.
In addition to the information provided from your Facebook, Google or Apple account information, to use the Service, we may require you to submit certain additional personal information, such as your name, zip code, and age, as well as a valid payment method supported by Vibe, if applicable. We may require that you provide more information in order to complete a transaction. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times.
4. Safety; Your Interactions with Other Users.
Though Vibe strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your login information or financial information (for example, your credit card or bank account information), or wire or otherwise send money, to any other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT VIBE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. VIBE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
5. Rights you Grant To Vibe.
By creating an account, you grant to Vibe a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the purpose of operating, developing, providing, and improving the Service and researching and developing new ones, as well as marketing the Service or any other service of an affiliate of Vibe. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook, Google or Apple account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Vibe above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service or the deletion of which we otherwise determine is in the best interest of the Vibe community, in our sole discretion.
In consideration for Vibe allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Vibe regarding our Services, you agree that Vibe may use and share such feedback for any purpose without compensating you.
You agree that Vibe may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
6. Community Rules.
By using the Services, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, harass or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account.
- create another account if we have already terminated your account, unless you have our permission.
Vibe reserves the right to investigate and/or terminate your account if you have misused the Service or behaved in a way that we regard as inappropriate or unlawful, including actions or communications or any other activity that occurs off the Service.
7. Other Users’ Content.
Although Vibe reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Vibe cannot guarantee that all Content will comply with this Agreement.
8. User Charges.
You understand that use of the Services may result in charges to you for the services you receive (“Charges”). We will receive and/or enable your payment of the applicable Charges for services obtained or payments made through your use of the Services. Charges will be inclusive of applicable taxes where required by law.
All Charges and payments will be enabled by us using the preferred payment method designated in your account or the method designated by you, after which you will receive a receipt by email from a third party payment processor used by us. Charges paid by you are final and non-refundable, unless otherwise determined by us.
If you owe a past due amount to us, we may make attempts on your funding source to cover the amounts. If we are unable to recover the funds from your primary funding source, we may attempt to contact you, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.
9. Risk of Reversals, Chargebacks and Claims.
If you receive a payment or other reward of value, you are liable to us for the full amount of the payment or reward plus any fees if the payment or reward is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment.
For each payment made to you as a reward or otherwise made to you by us, we will discharge to you such payment or reward determined by us in our sole discretion.
Payments or rewards may be paid or furnished to you, on a recurring basis, as long as the available balance to be paid to you in your account, after deducting all necessary payments (taxes, legal, or other similar payments required by law), meets or exceeds the established minimum payment or reward amount.
We may review account and transaction activity at various times to check for, among other things, suspicious or illegal activity, and whether your account activity complies with this Agreement.
Reviews may result in:
- delayed, blocked or cancelled transfers.
- funds being applied to a negative account balance or used to offset loss incurred by us.
- account suspension or termination.
- funds being seized to comply with a court order, warrant or other legal process; and/or
You also may be required to provide us with additional information and/or documentation to verify your identity or comply with law. We may limit your account and your access to funds in it until verification is completed.
You may be taxed on your receipt of payments to your account depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any payments made to you.
VIBE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VIBE DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
VIBE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIBE, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF VIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIBE AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO VIBE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. Arbitration, Class-Action Waiver, and Jury Waiver.
Except for users residing where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in San Diego County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
15. Governing Law.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services.
All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of San Diego County, California, U.S.A., and you and Vibe consent to personal jurisdiction in those courts.
October 30, 2019