Terms and Conditions
Updated 7 August 2022
1 Terms Of Service
Thank you for visiting our website, Vibra360.com. All content, information, and services provided on and through our site may be used only under the following terms and conditions. As used herein, the terms our, we, and us refer to both Vibra360 and/or any of its subsidiaries unless the context clearly provides otherwise.
Please read the terms of service (Terms of Service) set forth below, as they apply to your access and use of our services, including our various URL’s, websites, email notifications, applications buttons and widgets, APIs, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as Content). Your access to and use of this and/or our other website Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
2 Other Applicable Terms
3 Changes Of Terms
We may amend the Terms of Service from time to time at our sole discretion without notice or liability to you. By continuing to use the services following such amendments to the Terms of Service, you agree to be bound by such amendments.
4 Changes To Our Services
4.1 The Services that we provide are typically updating and evolving, and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
4.2 We make no representations, warranties or guarantees, whether express or implied, that our services, information, or any content on our site is accurate, complete or up-to-date.
5 Accessing Our Services
5.1 Access to our main websites are made available free of charge.
5.2 We do not guarantee that our services, or any content, will always be available or be uninterrupted. Access to our services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our services without notice. We will not be liable to you if for any reason our services are unavailable at any time or for any period.
5.3 You are also responsible for ensuring that all persons who access our services through your internet connection at all times are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
5.4 You are solely responsible for making all arrangements necessary for you to have access to our services.
6 Your Account And Password
6.1 You are responsible for safeguarding the password that you use to access our services and for any activities or actions that happen under your password use. We encourage you to use “strong” passwords (passwords that use a combination of numbers, upper- and lower-case letters, and symbols) with your account. You must treat such information as extremely confidential. You must not disclose it to any third party. Vibra360 will not be liable under any circumstances for any loss or damage arising from your failure to comply with the above.
6.2 We have the right to disable any password, whether chosen by you or allocated by us, at any time, without notice, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
6.3 If you know or suspect that anyone other than you knows your password, you must promptly notify us using the "contact us" page.
7 Your License To Use Our Services
As part of our services, Vibra360 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Vibra360, but only in the manner permitted by these Terms of Service.
8 Our Intellectual Property Rights
8.1 All intellectual property rights with respect of the services belong to Vibra360 or have been lawfully licensed to Vibra360 for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
8.2 The site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Vibra360’s prior written permission.
8.3 Vibra360 and/or its subsidiaries, the logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Vibra360, in the United States of America, or its subsidiaries or other companies under common ownership or control (the “Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on the site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on the site, without the prior written permission of Vibra360, is expressly prohibited.
8.4 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (Feedback) in connection with our services (on our websites and our social media websites) and/or your use of the services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback
9 Your Rights
9.1 You retain your rights to any content you submit, post or display on or through the Services. However, by submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
9.2 You agree that this license includes the right for us to provide, promote, and improve the services and to make content submitted to or through the services available to other companies, organizations or individuals who partner with Vibra360 for the distribution, publication, syndication, or broadcast of such content on other media and services, subject to our terms and conditions for such content use.
9.3 Such additional uses by Vibra360 or our other companies or divisions, organizations or individuals who partner with Vibra365 may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the services.
9.4 We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as is necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media we may use.
9.5 You are responsible for your use of the services, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third-party partners. You understand that your content may be distributed, syndicated, broadcast, or published by our partners and if you do not have the right to submit content for such use, it may subject you to liability. Vibra360 will not be responsible or liable for any use of your content by Vibra360 in accordance with these terms and conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit to us.
10 Warranty and Limited Liability
Please read this section carefully since it limits the liability of Vibra360 and its subsidiaries, affiliates, parent companies, related companies, officers, directors, employees, staff members, agents, representatives, partners, and licensors (collectively, the Entities of Vibra360). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever, in any manner, with respect of such information.
10.1 YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS,” “AS AVAILABLE.” THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF Vibra360 MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
10.2 THE ENTIRE LIABILITY OF THE ENTITIES OF Vibra360 ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, Vibra360’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
10.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF Vibra360 EXCEED ONE THOUSAND FIVE HUNDRED US DOLLARS (USD $1,500).
10.4 The Entities of Vibra360 shall not guarantee or assume any responsibility that:
(a) the information presented in our services is accurate, adequate, current or reliable, or may be used for any purpose other than for general information and/or reference;
(b) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
(c) the information presented in our services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(d) use of the Services will achieve any particular result;
(e) access to the Services will be available or be uninterrupted; or
(f) defects in the Services will be corrected.
10.5 Without limiting the generality of the foregoing, in no event will the Entities of Vibra360 be liable to you or any other person for any direct, indirect, special, incidental, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Entities of Vibra360 has been advised of the possibility of such loss or damages.
10.6 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the services complies with all your applicable legal requirements.
10.7 Without prejudice to the foregoing, if your use of our services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us using the "contact us" page. No such lack of response shall be deemed to constitute any acquiescence or waiver.
10.8 The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
11 Content On Services
11.1 All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content.
11.2 You warrant that if any such contribution of yours does comply with appropriate standards as set forth this agreement, you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3 Any content you upload to our site will be considered non-confidential and non- proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
11.4 The views expressed by other users on our site do not necessarily represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the services or endorse any opinions expressed via our services. You understand that by using our services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been inadvertently mislabeled. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content communicated, posted, emailed, transmitted or otherwise made available via the services or broadcast elsewhere.
11.5 Any use or reliance on any content or materials posted via our services or obtained by you through our services is at your own risk.
12 Other Content Copyright Policy
12.1 Vibra360 respects the intellectual property rights of others and expects users of our services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
12.2 We reserve the right to remove content alleged to be infringing on intellectual property without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Please send notice of any alleged copyright infringement appearing on our services to email@example.com
13 Use Of Our Services
13.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the services , to suspend or terminate users, and to reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, legal process or governmental request, or regulation (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Vibra360, its users and the public.
13.2 We do not guarantee that our services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software as a safety measure.
13.3 You may not do any of the following while accessing or using our services: (i) access, tamper with, or use non-public areas of the services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search our services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to our terms and conditions), (scraping the services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, worm, trojan, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing our services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on our services.
13.4 Any such breach listed above will be reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our services will cease and be terminated immediately.
You may link to our services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our services in any website that is not owned by you. We reserve the right to immediately withdraw linking permission without notice.
15 Third-Party Links And Resources In Our Site
15.1 The links from our services may take you to other sites or services and you acknowledge and agree that Vibra360 has no responsibility for the accuracy or availability of any information provided by third party services and websites.
15.2 Our Services may include advertisements, which may be targeted to the content or information on our services, queries made through our services, or other information. The types and extent of advertising by us of our services are subject to change. In consideration for us granting you access to and use of our services, you agree that Vibra360 and its third party providers and partners may place such advertising on the services we provide or in connection with the display of content or information from our services whether submitted by you or others.
15.3 Links to other websites and services we use do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses, including without limitation legal fees, in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.
18 Several Users
If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.
19.1 The Terms of Service will continue to apply until terminated by either you or us as follows.
19.2 You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of our services. You do not need to specifically inform us when you stop using our services.
19.3 We may suspend or terminate your accounts or cease providing you with all or part of the services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of our services provided to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account, the next time you attempt to access your account, or via mail to the physical mailing address provided by you.
19.4 In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
19.5 Nothing in this section shall affect our rights to change, limit, or stop any provision of our services without prior notice, as provided above.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
21 Governing Law And Jurisdiction
These Terms of Service shall be governed by the laws of Florida (USA). You agree to submit to the exclusive jurisdiction of the Florida State or Federal Courts.
In case of discrepancies between language versions of these Terms of Service and contents of this site, the English language version shall prevail.