VibVillage Terms of Service
Effective Date: January 7, 2025
Welcome to VibVillage! These Terms of Service (“Terms”) govern your access to and use of the VibVillage website, mobile application, and any related services provided by VibVillage (collectively, the “Service”). Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
1. Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms. If you are between the ages of 13 and 18, you must have your parent or guardian’s consent to these Terms.
2. Account Registration
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to immediately notify VibVillage of any unauthorized use of your account or any other breach of security.
3. User Content
The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are solely responsible for the User Content that you post on or through the Service. By posting User Content on or through the Service, you represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize VibVillage to use all intellectual property rights in and to your User Content in the manner contemplated by the Service and these Terms.
- Your User Content does not and will not: (i) infringe, violate, or misappropriate any third party’s intellectual property rights or other proprietary rights;(ii) violate any applicable law or regulation; (iii) be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) be obscene, pornographic, vulgar or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promote violence or self-harm; (vii) be false, misleading, or inaccurate; or (viii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4. License to User Content
By posting User Content on or through the Service, you grant VibVillage a non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with the Service and VibVillage’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms.
5. VibVillage Content
Except for User Content, all content available on or through the Service, including without limitation text, graphics, logos, button icons, images, audio clips,1video clips, data compilations, and software, is the property of VibVillage or its licensors and is protected by United States and international copyright laws.
6. Prohibited Conduct
You agree not to:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of service attack.
- Otherwise attempt to interfere with the proper working of the Service.
7. Termination
VibVillage may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. VibVillage, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.
9. Limitation of Liability
In no event shall VibVillage, nor its directors, employees, agents, suppliers, partners and content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
10. Indemnification
You3agree to defend, indemnify and hold harmless VibVillage, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these Terms.
11. Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Fort Wayne, Indiana.
12. Entire Agreement
These Terms constitute the entire agreement between you and VibVillage relating to your access to and use of the Service. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and VibVillage with respect to the Service.
13. Waiver and Severability
No waiver of by VibVillage of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VibVillage to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Changes to these Terms
VibVillage reserves the right to modify these Terms at any time in its sole discretion. If VibVillage makes material changes to these Terms, it will post the updated Terms on the Service and update the “Effective Date” at the top of this page. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
15. Contact Us
If you have any questions about these Terms, please contact us at: VibVillage@gmail.com