BY ACCESSING TO USE AND/OR SUBSCRIBING TO THE Vibes Widget SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE Vibes Widget SERVICES.
The Vibes Widget Services are only available for individuals eighteen (18) years of age or older. By accessing or using the Vibes Widget Services, you represent and warrant that you are currently eighteen (18) years old or over and that you are capable of lawfully entering into and performing all the obligations set forth in these Terms. You also represent and warrant that you have never been convicted of an indictable offense or any criminal offense involving sexual misconduct or otherwise. You further confirm that you (i) have not previously been suspended, removed, deactivated, terminated or blocked from the Vibes Widget Services; and (ii) are not a competitor of Vibes Widget and are not using the Vibes Widget Services for reasons that are in competition with Vibes Widget or other than for its intended purpose.
You agree that you will only use the Vibes Widget Services, including the posting of any content through the Vibes Widget Services, in a manner consistent with these Terms and compliant with any and all applicable local, provincial, federal and international laws and regulations.
Registration. You will need to register and create only one (1) unique Vibes Widget account for your use of the Vibes Widget Services (your “Vibes Widget Account”). To register a Vibes Widget Account, you may either (a) register by using a valid email address and your phone number with password (we may ask you to validate your Vibes Widget Account via SMS) and provide certain information about yourself as prompted by the registration form; or (b) register by using your Facebook login, meaning that you are authorizing us to access certain information in your Facebook account, including, but not limited to, information about Facebook friends you might share in common with other Vibes Widget Users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and profile pictures, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Vibes Widget Users in your network or geolocation. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4) or other communications made in connection with your use of the Vibes Widget Services. You understand and agree that anyone may be able to view any information you choose to make publicly available.
Vibes Widget Account Security. You understand that you are fully responsible for maintaining the confidentiality of your Vibes Widget Account and you are responsible for all activities that occur under your Vibes Widget Account, including the purchase of any of our Paid Vibes Widget Services (as described in Section 17). You are solely responsible for selecting an appropriate username and for any and all disclosures you make of your username to others, including any selection or disclosure that makes you personally identifiable. You are responsible for maintaining the confidentiality of your Vibes Widget Account login username and password and are fully responsible for all activities that occur under your Vibes Widget Account. In the event that you forgot your login information and wish to retrieve it, you will be directed to a password recovery section where you will be asked for the email address or phone number associated with your Vibes Widget Account. You agree (a) to immediately notify Vibes Widget if you suspect any unauthorized use of your Vibes Widget Account or any other breach of security, and (b) to use particular caution when accessing your Vibes Widget Account from a public or shared computer and/or mobile device so that others are not able to view or record your personal information. For instance, never give out your password, and remember to lock your mobile device when it is not in use. Please email us at support@Vibes Widget.chat with the subject line: Vibes Widget Account Security Breach if you believe your Vibes Widget Account has been accessed by an unauthorized person. You acknowledge that Vibes Widget is not, and will not, be liable or responsible for any losses or damages arising from the theft or misappropriation of your Vibes Widget Account. You further acknowledge and agree that Vibes Widget is not responsible for, and has no control over, any security breaches experienced on any third party Social Networking Site (as defined below).
Exclusive Use. You will only use the Vibes Widget Services for your sole, personal use and not in connection with any commercial activities. You will not authorize others to use the Vibes Widget Services, gain access to your Vibes Widget Account or otherwise attempt to transfer your right to use the Vibes Widget Services to any other person or entity. Vibes Widget reserves the right to (a) disable, block, suspend or deactivate any User’s use of or access to the Vibes Widget Services, including the location information or profiles of other Users, or (b) terminate any User’s Vibes Widget Account, for any reason whatsoever and without notice.
Data Usage Charges. The use of the Vibes Widget Services on your mobile device may require use of your data service. Depending on the plan that you have with your cellular carrier, you could incur data charges. You should check with your cellular carrier and determine how you will be charged for data usage. Vibes Widget is not responsible for your data usage and will not be responsible for data charges that you may incur while using the Vibes Widget Services. You are responsible for any Internet connection, data or other fees assessed by your cellular carrier to access the Vibes Widget Services via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.
Interactions with Other Users. You assume all risk when using the Vibes Widget Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. While Vibes Widget may signal that Users who purchase Subscriptions (as defined in Section 17) have valid iTunes accounts by placing a “verified” checkmark on their Vibes Widget Account, you should understand that Vibes Widget does not verify any other information about that User. You acknowledge that Vibes Widget does not routinely screen its Users, inquire into the background of its Users, attempt to verify information provided by its Users (except as provided above) or conduct criminal screenings of its Users so please proceed with caution. Vibes Widget does not make any representations, warranties or guarantees as to the conduct of its Users, information provided by Users, or their compatibility with you.
You alone are responsible for your involvement with other Users. You agree that Vibes Widget will not be responsible for any losses or damages incurred as the result of any such interactions with other Users. Vibes Widget reserves the right, but has no obligation, to monitor disagreements between you and other Users. Please take all necessary precautions when meeting other Users, especially if you decide to meet in person. We have created Safety Tips that you may find helpful and we suggest that you review these before you start using the Vibes Widget Services. You agree to treat all other Users with dignity and respect and comply with these Terms especially the User Conduct rules set forth in Section 3(G).
No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Vibes Widget Services and you will not transmit any chain letters, junk or spam email or communications to other Users. Additionally, you will not use any information obtained from the Vibes Widget Services in order to contact, advertise to, solicit or sell products or services to any User without their prior explicit consent.
User Conduct. Vibes Widget is not responsible or liable in any manner for the conduct of its Users, whether or not such conduct is in connection with the use of the Vibes Widget Services. You acknowledge that you use the Vibes Widget Services entirely at your own risk. In order to keep use of the Vibes Widget Services fun and safe, you agree not to do any of the following in connection with the Vibes Widget Services or the Users thereof:
Reporting Violations. If you wish to report any violation of these Terms by others, including Users, you may do so by using the report button (“Report”) located in the Vibes Widget Services. You may click on the Report button located in the drop down menu on a User’s profile in order to flag Users that are in violation. While we will make reasonable efforts to review Vibes Widget Accounts that are flagged in a timely manner, we are under no obligation to remove the flagged Vibes Widget Account and in no way represent that we will remove or otherwise address flagged Vibes Widget Accounts.
Enforcement. You understand and agree that if Vibes Widget believes in its sole discretion that you have violated these Terms, misused the Vibes Widget Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, Vibes Widget may, among other things, investigate, take legal action against you and/or terminate your Vibes Widget Account and cancel your subscription and/or membership without notice to you.
Definition; Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Vibes Widget through the Vibes Widget Services or to other Users (collectively referred to as “post”), including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information (your submissions and posts as well as those of other Users, collectively, are “User Content”). Vibes Widget does not control, take responsibility for or assume liability for any User Content posted by you, other Users or any third party, or for any loss or damage thereto, nor is Vibes Widget liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you encounter.
Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to the Vibes Widget Services or to any other User through the Vibes Widget Services. You agree that all images posted to your Vibes Widget Account are of you. You may be required to supply certain information and post a photo of yourself to use the Vibes Widget Services.
No Duty to Review User Content. Although you understand and acknowledge that Vibes Widget has no duty to prescreen, review, control, monitor or edit the User Content posted by Users and is not liable for User Content that is provided by others, you agree that Vibes Widget may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice. You are solely responsible for creating backup copies and replacing any User Content that you post or store on the Vibes Widget Services at your sole cost and expense. This includes Vibes Widget’s right to modify or crop any photos you post to comply with Vibes Widget’s policies, practices and procedures.
Vibes Widget claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Vibes Widget Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Vibes Widget, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicensee of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by Vibes Widget will not infringe or violate any third-party rights, including without limitation, any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate these Terms. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content (including but not limited to any content you submit to Vibes Widget to feature) to use such person’s name or likeness in the manner contemplated by the Vibes Widget Services and these Terms, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release Vibes Widget, directors, officers, shareholders, employees, contractors and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use by Vibes Widget of your User Content. You also grant Vibes Widget the right to choose Vibes Widget Accounts to feature on the Vibes Widget Services for enhanced visibility at no extra cost, in the sole discretion of Vibes Widget.
You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trade-marked or other proprietary information or materials, including any User Content posted by other Users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Vibes Widget Services may have copyright protection whether or not it is identified as being copyrighted
We may provide notices to you in any of the following ways. First, we may email you at the email address that you provided when you created your Vibes Widget Account. Second, we may present the notice on the Vibes Widget Services. When we post notices on the Vibes Widget Services, we post them in the area of the Vibes Widget Services suitable to the notice. It is your responsibility to periodically review the Vibes Widget Services for notices.
You will not post, transmit or deliver to any other User, either directly or indirectly, any User Content that violates any third-party rights or any applicable Canadian or international law, rule or regulation or is prohibited under these Terms or any other Vibes Widget policy governing your use of the Vibes Widget Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:
When you have enabled the use of our Vibes Widget Services through a third-party social networking or similar site or mobile or other application (a “Social Networking Site”), such as Facebook as described earlier, Google+ or Twitter, you permit Vibes Widget to access information about you that is made available to the Vibes Widget Services through or from that Social Networking Site. The information obtained by Vibes Widget varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age or birthday, language, location, country, interests, contacts list, friends lists or followers and other information.
If there is information about your “friends” or other persons you are associated with in your Social Networking Site account, the information that we obtain about those persons may also depend on the privacy settings such persons have activated with the applicable Social Networking Site. You acknowledge and agree that Vibes Widget is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about Vibes Widget that the Social Networking Site may send to you or your friends). You may also unlink your Social Networking Site account from the Vibes Widget Services by adjusting your settings on the Social Networking Site.
Other than your User Content, the Vibes Widget Services and all materials therein, including, without limitation, software, images, text, graphics, designs, illustrations, Vibes Widget logos, patents, trade-marks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other Users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of Vibes Widget and its licensors (including other Users who post User Content to the Vibes Widget Services). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of Vibes Widget.
You are granted a limited, non-sublicensable license to access and use the Vibes Widget Services and Proprietary Materials, subject to these Terms. You agree that you will not:
“Vibes Widget”, Vibes Widget’s logos and any other trade names or slogans contained in the Vibes Widget Services are trade-marks or service marks of Vibes Widget, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vibes Widget or the applicable trademark holder. In addition, the look and feel of the Vibes Widget Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trade mark and/or trade dress of Vibes Widget and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade-marks, registered trade-marks, product names and company names or logos mentioned in the Vibes Widget Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Vibes Widget may provide third party content on the Vibes Widget Services and may provide links to web pages, applications, mobile apps, sites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Vibes Widget does not control, endorse or adopt any Third Party Content and expressly disclaims any and all representations, warranties or conditions of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Vibes Widget is not responsible or liable in any manner for any Third Party Content and Vibes Widget undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Vibes Widget and its licensees may publicly display advertisements and other information adjacent to your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
License Grant. Subject to these Terms, Vibes Widget hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Vibes Widget Services for one (1) Vibes Widget Account for your personal, noncommercial use. Vibes Widget does not represent or warrant that the Vibes Widget Services will be compatible with your web browser and/or mobile device at any time.
Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Vibes Widget Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Vibes Widget Services to any third party or use the Vibes Widget Services to provide time sharing or similar services to any third party; (iii) make any copies of the Vibes Widget Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Vibes Widget Services, features that prevent or restrict use or copying of any content accessible through the Vibes Widget Services, or features that enforce limitations on use of the Vibes Widget Services; or (v) delete the copyright and any other proprietary rights notices on the Vibes Widget Services.
Software Updates. You acknowledge that Vibes Widget may from time to time issue upgraded versions of the Vibes Widget Services, and may automatically electronically upgrade the version of the Vibes Widget Services that you are using. You consent to such automatic upgrading, and agree that these Terms will apply to all such upgrades. You agree that Vibes Widget will not be liable to you for any such modifications.
Rights Reserved. The foregoing license granted under these Terms is not a sale of the Vibes Widget Services or any copy thereof and Vibes Widget or its third party partners or suppliers retain all rights, title, and interest in the Vibes Widget Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Vibes Widget reserves all rights not expressly granted under these Terms.
App Stores. You acknowledge and agree that the availability of the Vibes Widget Services is dependent on the third parties from which you received the Vibes Widget Services, e.g., Google Play or the Apple app store (collectively “App Stores”). You acknowledge that these Terms are between you and Vibes Widget and not with the App Stores and that each App Store may have its own terms and conditions to which you must agree before downloading the Vibes Widget Services from it. You agree to comply with, and your license to use the Vibes Widget Services is conditioned upon your compliance with, all applicable terms and conditions of the particular App Store.
General. Vibes Widget makes available several paid Vibes Widget Services. Firstly, you may purchase virtual currency (“Vibes Widget Coins”) for use with the Vibes Widget Services for the amounts described on the Vibes Widget Software. You may also from time to time, obtain Vibes Widget Coins or other virtual items by engaging in certain actions (for example, by downloading third party apps). Vibes Widget Coins and such other virtual items are referred to collectively as “Virtual Goods”. Secondly, you may purchase subscriber-level access that unlocks premium features and enhancements of the Vibes Widget Services (a “Subscription”) for the amounts described on the Vibes Widget Software.
Vibes Widget does not receive or process payments or credit card information directly. You may purchase Paid Vibes Widget Services through an App Store such as Google Play account and/or Apple iTunes account (a “Third Party Account”). If you purchase any Vibes Widget Services that we offer for a fee (the “Subscription Fees”), including without limitation Virtual Goods, Vibes Widget Coins, and/or a Subscription to the Vibes Widget Services (collectively, the “Paid Vibes Widget Services”), you authorize Vibes Widget to collect currently the iTunes unique transaction IDs and receipts data. If you purchase any Paid Vibes Widget Services through the Third Party Account, the Subscription Fees for these Paid Vibes Widget Services will appear through your Third Party Account. Please note that Vibes Widget does not control Third Party Account terms and conditions so please review these carefully. You also agree to pay the Subscription Fees for the Paid Vibes Widget Services (including without limitation periodic fees as described on the Vibes Widget Software as they become due plus all related taxes). Any and all payments made to Vibes Widget for use and access to the Vibes Widget Services, including without limitation, any Subscription Fees for the Paid Vibes Widget Services, are final and all charges are nonrefundable.
AUTOMATIC RENEWAL OF SUBSCRIPTIONS. When you pay for a subscription through a Third Party Account and you do not cancel your subscription prior to the end of the subscription term, your subscription for the Vibes Widget Services will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your Vibes Widget Account will be subject to this automatic renewal feature. You acknowledge and agree that your Third Party Account will be automatically charged for such subscription fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges through a Third Party Account based on this automatic renewal feature without further authorization from you and without further notice except as required by law.
CANCELLATION OF SUBSCRIPTIONS. When you purchase a subscription through a Third Party Account, you will need to cancel your subscription through that third party, an App Store, not Vibes Widget and in accordance with that third party’s terms and conditions. Cancellations are effective the following billing period in which payment is due. If you cancel your subscription your subscription benefits will continue until the end of your then current subscription term, but your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then current subscription term.
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of any of the terms and conditions contained in these Terms including any policy or guideline applicable to the Vibes Widget Services at any time. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Vibes Widget Services, and your continued use of the Vibes Widget Services after such posting will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Vibes Widget Services. The Terms will always show the “last updated” date at the top. If you do not agree to any amended Terms, you must stop using the Vibes Widget Services. If you have any questions about these Terms, please email us at the contact address below. These changes will be effective immediately for new and current Users of the Vibes Widget Services.
Vibes Widget PROVIDES THE Vibes Widget SERVICES AND THE PROPRIETARY MATERIALS AND THE Vibes Widget SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Vibes Widget EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE Vibes Widget SERVICES AND THE PROPRIETARY MATERIALS, INCLUDING ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Vibes Widget DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE Vibes Widget SERVICES OR PROPRIETARY MATERIALS WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE Vibes Widget SERVICES OR PROPRIETARY MATERIALS WILL BE CORRECTED OR (C) THE Vibes Widget SERVICES AND PROPRIETARY MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Vibes Widget DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE Vibes Widget SERVICES OR THE DELIVERY OF ANY COMMUNICATIONS.
Vibes Widget HAS NO ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE Vibes Widget SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE Vibes Widget SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, Vibes Widget DISCLAIMS ANY AND ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Vibes Widget DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE Vibes Widget SERVICES OR ANY RESULTS FROM YOUR USE OF THE Vibes Widget SERVICES; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Vibes Widget. UNDER NO CIRCUMSTANCES WILL Vibes Widget BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR HARM OF ANY KIND RESULTING FROM ANY USER’S CONDUCT OR YOUR USE OF THE Vibes Widget SERVICES OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE Vibes Widget SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
You hereby waive and agree not to assert any claims or allegations of any nature whatsoever against Vibes Widget, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Vibes Widget Services or Proprietary Materials, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of User Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use of the Vibes Widget Services. Your use of the Vibes Widget Services and Proprietary Materials is entirely at your own risk.
Without limiting any of the foregoing, neither Vibes Widget nor any other Released Party shall be liable to you for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of goodwill, data, or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with your use of the Vibes Widget Services or any Proprietary Materials, including without limitation any damages caused by or resulting from: (i) your use or inability to use the Vibes Widget Services or any Proprietary Materials; (ii) any third party claims that the use by you of any of the Vibes Widget Services or Proprietary Materials violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Vibes Widget Services or any Proprietary Materials, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Vibes Widget or any other Released Party’s records, programs or services); (iv) any damages arising from communications or transactions with other Users of the Vibes Widget Services, whether through blogs, or otherwise, or persons that you meet through the Vibes Widget Services; or (v) any other matters relating to the Vibes Widget Services, Proprietary Materials, any User Submissions (as defined above), based in contract, tort, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not Vibes Widget had any knowledge, actual or constructive, that you might incur such damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF Vibes Widget OR THE RELEASED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Vibes Widget SERVICES OR PROPRIETARY MATERIALS EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO Vibes Widget FOR USE OF THE Vibes Widget SERVICES AND PROPRIETARY MATERIALS OR FIFTY (CDN$50) CANADIAN DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Vibes Widget AND YOU.
You shall fully defend, indemnify and hold harmless Vibes Widget and the other Released Parties from any losses, damages, liabilities, costs, expenses (including legal fees), claims and proceedings arising out of your use (or the use by any person to whom you have given access to your Vibes Widget Account) of the Vibes Widget Services, provision of User Content and the Proprietary Materials, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights of any third party.
The Vibes Widget Services are controlled by Vibes Widget and operated by it from its offices in Toronto, Ontario. All disputes, claims or other matters arising from or relating to your use of the Vibes Widget Services, the Proprietary Materials and these Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the application of any conflicts of laws rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Terms, the Vibes Widget Services, User Content or posts, oral or written statements, advertisements or Promotions relating to these Terms or to the Vibes Widget Services, or the relationships that result from these Terms, the Vibes Widget Software, the Vibes Widget Site, the Vibes Widget Services, User Content or posts (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts) pursuant to the Arbitration Act, 1991 (Ontario) as the same may be amended from time to time.
Accordingly, except where prohibited by applicable law, you hereby waive any right that you may have to commence or participate in any className action against Vibes Widget related to any Claim and, where applicable, you also agree to opt out of any className proceedings against Vibes Widget. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data.
If arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario.
You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Vibes Widget Services and/or the Vibes Widget Software and/or the Vibes Widget Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Vibes Widget and the other Released Parties for your failure to comply with any such laws.
Unless otherwise provided, these Terms take effect upon your initial use of the Vibes Widget Services and shall remain in effect until terminated as described below.
Termination by Vibes Widget. Notwithstanding anything to the contrary in these Terms, Vibes Widget may suspend, remove, deactivate, terminate or block your Vibes Widget Account and your right to use the Vibes Widget Services and may block or prevent your access to and use of the Vibes Widget Services at any time in our sole discretion, for any reason, without explanation and without notice to you (including without limitation blocking Users from certain IP addresses). We also reserve the right to remove or block access to your Vibes Widget Account information, User Content or data from the Vibes Widget Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Vibes Widget Services is terminated, blocked, deactivated, removed or suspended at any time in our sole discretion, for any reason, without explanation and without notice or for cause, such as due to any breach or violation of these Terms, flagged conduct or content, third party complaints, infringement of the intellectual property rights of others, you agree that all fees then paid to Vibes Widget by you will be nonrefundable.
Termination by You. In addition to any right to cancel your subscription pursuant to Section 17, you may deactivate your Vibes Widget Account at any time by accessing “Settings” and selecting deactivate account or by emailing our customer support team at support@Vibes Widget.chat with the subject line Please Deactivate My Vibes Widget Account. After your Vibes Widget Account has been deactivated, and after you have logged out of the Vibes Widget Services, your profile will not be visible to other Users. If you do not reactivate your Vibes Widget Account within sixty (60) days, your Vibes Widget Account will be permanently terminated and closed but some of your information (including any User Content, photos, videos, images, text, messages or data you have posted to the Vibes Widget Services) may remain in Vibes Widget’s backup copies and logs for up to one (1) year.
Survival. Upon any termination, discontinuation or cancellation of the Vibes Widget Services or your Vibes Widget Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Sections ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. If these Terms expire or terminate for any reason, Sections 1, 5, 10-13, 16, 20-26, and any representation or warranty you make in these Terms, shall also survive indefinitely.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vibes Widget without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If any provision, or any portion thereof, of these Terms is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Vibes Widget to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision.
The language of these Terms is English. The English language version of these Terms will govern your relationship with Vibes Widget.
If you have any questions regarding these Terms or your use of the Vibes Widget Services, please contact us at: email@example.com