Acceptance of the Terms
By accessing or using VIBE TV Network, you agree to be bound
by these Terms of Service, whether you are a “Member or Client” (which means
that you have registered for an account) or a “Visitor” (which means that you
are visiting the Site or any of our related websites, toolbars, widgets,
applications or the like). The term “User” refers to a Visitor or a Member.
These Terms of Service along with any other guidelines we may post from time to
time, such as our Privacy Policy (collectively, the “Guidelines”) will govern
your use of the Services. If you do not agree to these Terms of Service or any
of our Guidelines, then please refrain from using any of our Services.
Summary
VIBE TV Network.com, and all related content, materials and
services (collectively, “VIBE TV Network” or “We”) is an application created,
designed, owned and provided by VIBE TV Network for use by its Users.
What We Do
VIBE TV Network produces 24/7 national TV channels accessed by TV channel
subscribers on Roku TV and Amazon Fire TV. Services are designed to aid it’s
clients in improving sales, leads, and overall effectiveness of the client’s
advertising exposure.
General Terms
By using or accessing VIBE TV Network, you thereby agree,
(i) that you have read and understood these Terms of Service, and that these
Terms and Conditions create a valid and binding agreement, enforceable against
you in accordance herewith, (ii) to be bound by these Terms of Service,
our privacy policy and any other applicable terms, conditions or policies
of VIBE TV Network; and (iii) that your use of VIBE TV Network shall comply
with all applicable federal, state, national and local laws or regulations, and
that you are solely responsible for your compliance with, familiarity with and
understanding of any such laws applicable to your use. If you do not agree with
any portion of these Terms of Service, you are prohibited from using or
accessing VIBE TV Network.
Your Account
You are solely responsible for all activities that occur
under your account. You agree not to use the account, username or password of
another User at any time or to disclose your password to any third party or do
anything else that might jeopardize the security of your account. You agree to
notify us immediately of any unauthorized use of your account. If we have
reasonable grounds to suspect violation of these terms or that registration
information you have provided is untrue, inaccurate, outdated, or incomplete,
we may terminate your User account and refuse current or future use of any or
all of the Services. We are not responsible for any loss or damage to you or
any third party that may be incurred as a result of any unauthorized access
and/or use of your account, or otherwise.
Fees and Subscription Plans
When you subscribe for Paid Services, the seller of these
services and the party you are contracting with is VIBE TV Network. Your channel
hosting subscription will be automatically renewed at the end of each
subscription period unless you inform us that you do not wish to renew the
subscription. We reserve the right to change the subscription fee. Any such
changes to fees for Paid Services that are not temporary or promotional will
take effect no less than thirty (30) days after we provide you with notice by
posting such changes on our website. The changes shall only apply prospectively
to the Paid Services you’ve purchased. You will not be charged for using any
Service unless you have opted for a paid subscription plan. Up to date
information regarding all our Fees and Channel Plan Options are available
at https://vibetvnetwork.com/channel-options. If you have any questions
regarding billing please contact us at support@vibetvnetwork.com. Unless
otherwise stated, all fees are quoted in U.S. Dollars.
Payments, Account Modifications and
Refunds
All fees associated with your VIBE TV Network account will
be payable to Dinah Temple Marketing Agency and you are responsible for paying
all fees and applicable taxes associated with the Paid Services in a timely
manner. Our order process is conducted by our online reseller PayPal.Com.
PayPal.Com is the Merchant of Record for
all our orders.
Payments are taken in full at the start of each billing
period. If your payment fails or your account is past due, (a) you agree to pay
all amounts due on your account upon demand and reimburse us for all reversals,
charge-backs, claims, fees, fines, penalties and other liability incurred by us
(including costs and related expenses) that were caused by or arising out of
payments that you authorized or accepted, (b) VIBE TV Network may collect fees
owed using other collection mechanisms , and (c) we reserve the right to either
suspend or terminate your Paid Services or your account with us, including
deletion of your account. You agree to submit any disputes regarding any charge
to your account in writing to VIBE TV Network within thirty (30) days of such
charge, otherwise such dispute will be waived and such charge will be final and
not subject to challenge.
Your VIBE TV Network account may be upgraded, downgraded or
cancelled, subject to the terms herein, at any time. When an account is
upgraded, then the upgrade to your Service will be immediate. The difference in
subscription rate will be calculated automatically and you will be billed on a
pro-rated basis for the upgrade. When an account is downgraded then you will
continue to have full access to all the features of the higher subscription
level until the end of the current billing period at which time a new
subscription for the lesser amount will be created and the old subscription
will be cancelled.
All payments made to VIBE TV Network in connection with your
VIBE TV Network account are non-refundable, and VIBE TV Network does not
generally offer, and is not required to provide, any refunds or credits. There
is no circumstance in which you will be entitled to, or VIBE TV Network is
required to provide, a refund or credit. In its sole discretion, VIBE TV
Network may provide a refund if (i) We terminate your VIBE TV Network account
without cause before the end of a billing period for which you have paid in
full, or (ii) you are seeking a refund otherwise specifically provided for by
these Terms or Service.
Modifications to the Service
VIBE TV Network is an evolving Service and we are constantly
updating our services and software to deliver the best possible Services to our
Users. We therefore reserve the right at any time (and from time to time) to
modify, suspend, or discontinue providing the Services or any part thereof with
or without notice. We will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Services. You further
acknowledge that VIBE TV Network may, without limitation, modify the fees,
costs and pricing associated with VIBE TV Network at any time and without
notice. Any new features that augment or enhance the then-current version of VIBE
TV Network, including the release of new tools and resources, shall be subject
to these Terms of Service and may result, in VIBE TV Network’s sole discretion,
in a price increase. Notice of any such modifications may be disseminated in
the form of banners or similar devices or via email from VIBE TV Network or VIBE
TV Network to the email address associated with your account. You acknowledge
and agree that we shall have no liability associated with or arising from your
failure to maintain accurate contact or other information, including, but not
limited to, your failure to receive critical information about changes to the VIBE
TV Network Service or pricing. VIBE TV Network shall not be liable to you, or
to any third party, for any damages, costs, expenses or other liabilities
related to any modification, price change, suspension or discontinuance of VIBE
TV Network.
Violations and Termination of Accounts
VIBE TV Network reserves the right to investigate violations
of any of these Terms and Conditions or any other policies of VIBE TV Network, or
any other violations of any state, federal, national or local law, rule or
regulation, and to pursue any remedy available to VIBE TV Network whether at
law, in equity or otherwise. You hereby acknowledge and agree that VIBE TV
Network may notify, involve and cooperate with law enforcement authorities in
investigating and prosecuting users who violate these Terms of Service or any
other policies of VIBE TV Network, and any other violations of any state,
federal or local laws, rules or regulations. You further acknowledge and agree
that VIBE TV Network has no obligation to, and does not, screen or monitor any
users, information, materials or other content provided or made available
through VIBE TV Network, but has the right to do so at any time in its sole
discretion. You further acknowledge and agree that VIBE TV Network may, in its
sole discretion, remove or delete any entries, information, materials or other
content, and terminate the account of any user, which violates these Terms of
Service.
You may terminate your account and end your use of the
Services at any time and for any or no reason. If you terminate your account,
we will have no obligation to refund you any fees you may have paid except as
may be required by applicable law. Upon deactivating your account, this
Agreement terminates and your access rights to the Site and any Services
immediately cease to exist. VIBE TV Network’s rights survive the termination of
this Agreement.
Fair Usage
VIBE TV Network’s policy towards Fair Usage is that
customers should be able to use the VIBE TV Network service in an appropriate
manner to meet their needs. A very small number of customers may use an
excessive amount of the network bandwidth at peak times, to the extent it can
impair the performance for others. For this reason we have a fair usage policy
designed to ensure our Member service stays fast and reliable 24 hours a day –
it involves monitoring the amount of impressions, visitor interactions,
downloads and other non-time critical traffic on our service.
If a member’s usage is continually excessive, unfair,
affects other users’ enjoyment of our service, or is not consistent with the
usage we would typically expect on that member’s current package, we reserve
the right to upgrade members to a package more suited for their usage. In
extreme cases we may suspend or terminate the member’s ability to access the
service.
Third Party Interactions and Limitations
You release VIBE TV Network, its directors, officers,
shareholders, employees, agents and successors from claims, demands and damages
of every kind or nature arising out of or related to any disputes with other
Users, affiliates, resellers and third parties. In the event that the Services
are provided to you through a third party, e.g. a design agency acting as a
reseller of our services, your first port of call in the event of any disputes
will be with said agency. VIBE TV Network will take seriously and investigate
any complaints made against any of our resellers however VIBE TV Network expressly
disclaims responsibility for the accuracy, quality, legality, nature,
availability or reliability of Third Party Providers linked to by or through
the Site or Services. You agree that VIBE TV Network, and its directors,
officers, shareholders, employees and affiliates, shall not be liable to any
User for any direct, indirect, incidental, special, consequential or exemplary
damages, related to the action of Third Parties, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses.
Content Ownership and Copyright
Any content you store on our Services (collectively,
“Content”) remains yours however you grant VIBE TV Network a limited license to
access, copy, modify, distribute, store, transmit, reformat, list information
regarding, edit, translate, make derivative works of, publicly display and
publicly perform such Content to the extent needed to provide our Services to
you. The license you grant us is non-exclusive (meaning you are free to license
your Content to anyone else in addition to VIBE TV Network), fully-paid and
royalty-free (meaning that we are not required to pay you for the use on the
Services of the Content that you post), transferable and sub-licensable (so
that we are able to use our affiliates and subcontractors such as Internet
content delivery networks to provide the Services), and worldwide (because the
Internet and the Services are global in reach).
You are solely responsible for your Content and the
consequences of its transmission. You are further responsible for ensuring that
you do not accidentally make any private Content publicly available. Any
Content that you may receive through the use of the Services from your visitors
or otherwise is provided to you AS IS for your information and personal use
only and you agree not to use or otherwise exploit such Content for any purpose
without the express written consent of the person who owns the rights to such
Content. We make no warranties, express or implied, as to the Content or to the
accuracy or reliability of the Content or any material or information that you
receive through our Services.
VIBE TV Network acknowledges that it has no intellectual
property rights in any intellectual property owned by its Users and uploaded to
or used in VIBE TV Network. Any such intellectual property remains the property
of the VIBE TV Network User. However, by allowing your online content to be
viewed publicly, including any content developed using VIBE TV Network, you
acknowledge and agree that such public content may be freely viewed and shared.
You further acknowledge and agree that VIBE TV Network is not, in any manner,
responsible for the security or protection of any intellectual property or
similar content uploaded to VIBE TV Network, the enforcement of any
intellectual property or similar rights with respect to such content, and that VIBE
TV Network shall not be liable for any claims, damages, liabilities or other
costs or expenses related thereto.
VIBE TV Network reserves the right, in its sole discretion,
to screen and review any content uploaded to or used in connection with VIBE TV
Network, and to remove any content found to violate these Terms of Service.
In the course of using any of the Services, if you come
across any Content with copyright notice(s) or any copy protection feature(s),
you agree not to remove such copyright notice(s) or disable such copy
protection feature(s) as the case may be. By making any
copyrighted/copyrightable Content available via VIBE TV Network you affirm that
you have the consent, authorization or permission, as the case may be from
every person who may claim any rights in such Content to make such Content
available in such manner. Further, by making any Content available in the
manner aforementioned, you expressly agree that VIBE TV Network will have the
right to block access to or remove such Content made available by you, if We
receive complaints concerning any illegality or infringement of third party
rights in such Content. By using any of the Services and transmitting or
publishing any Content using such Service, you expressly consent to
determination of questions of illegality or infringement of third party rights
in such Content by VIBE TV Network.
It is our policy to respond to clear notices of alleged
copyright infringement that comply with the Digital Millennium Copyright Act of
1998 (“DMCA”). In addition, we will promptly terminate without notice the
accounts of those determined by us to be repeat infringers. If you are a
copyright owner and you believe that any content hosted on the Services
infringes your copyrights, then you may submit a notification pursuant to the
DMCA by providing VIBE TV Network with the following information in writing:
an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
a
description of the copyrighted work that you claim has been infringed;
a
description of where the material that you claim is infringing is located
on our Services, such as by providing us the URLs to the content;
your address, telephone number, and email address;
a
written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
a
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
User Data
You own the Content created or stored by you. Unless
specifically permitted by you, your use of the Services does not grant us the
license to use the Content created or stored by you for our commercial,
marketing or any similar purpose. You agree not to use, display or share your
Content or any data we provide you (collectively, “User Data”) in a manner
inconsistent with our Terms of Service, Guidelines and all applicable laws and
regulations. We are not required to keep back-up copies of User Data on the
Site once your account or User Data is deleted. We make no guarantee that User
Data will be safely stored on the Site. To be safe, you should independently
back-up your User Data, to the extent permitted herein and by applicable laws
and regulations.
Inactive User Accounts Policy
We reserve the right to disable or deactivate unpaid User
accounts that are inactive for more than 180 days. This is a necessary
housekeeping policy to ensure our infrastructure runs smoothly for the rest of
our Users. In the event of such termination, all data associated with such User
account may be deleted. We will provide you prior notice of such termination by
email.
Prohibited Activity
You agree not to use the Services for illegal, harmful,
misleading, fraudulent or other malicious purposes or to post, disseminate or
communicate any unlawful, defamatory, obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter or for
the transmission of material that contains viruses or other malicious code, or that
which infringes or may infringe intellectual property or other rights of
another. Making false offers of direct payments or immediate financial rewards
on the basis of completion of a ‘Call To Action’ on a campaign, offering
non-existent rewards, bonuses, intellectual property or similar non-existent
products or services is also expressly forbidden by this Terms of Service. Content
communicated by other Users may contain inaccurate, inappropriate, offensive or
sexually explicit material, products or services, and we assume no responsibility
or liability for this material.
Without assuming any obligation to do so, we may delete any
Content or suspend any account associated with it, that we have reasonable
grounds to believe violates this Agreement or that may be offensive or illegal,
or violate the rights, harm, or threaten the safety of any person.
Service Communications
By providing us your email address on signing up to our
Services, you thereby consent to our using the email address to send you
Service-related notices, including any notices required by law, in lieu of
communication by postal mail. We may also use your email address to send you
other messages, such as updates, user communications, newsletters, changes to
features of the Service and other related offers which we believe in our sole
discretion may be of interest to you. If you do not want to receive certain
email messages, you may opt out by contacting our support team. Opting out may
prevent you from receiving valuable messages regarding updates, improvements, offers,
or communications from other Users. We reserve the right to send you updates
about your account status even if you opt out of all voluntary email
notifications.
Privacy Protection
We care about your privacy.
Your information may be stored and processed in any country in which VIBE
TV Network and its service providers maintain facilities. In this regard, or
for purposes of sharing or disclosing data in accordance with this Agreement, VIBE
TV Network reserves the right to transfer information outside of your country.
By using the Services, you consent to any such transfer of information outside
of your country.
Disclaimer of Warranties
VIBE TV Network is provided on an “as is” and “as available”
basis with no warranties whatsoever. VIBE TV Network and each user of VIBE TV
Network disclaim any warranties regarding the security, reliability,
timeliness, and performance of VIBE TV Network; VIBE TV Network disclaims all
liability for any claims, damages, losses, costs or expenses (including
attorney’s fees). In relation to VIBE TV Network services, software or platform
VIBE TV Network does not warrant that (i) the services will meet your specific
requirements, (ii) the services will be uninterrupted, timely, secure, or
error-free, (iii) the results that may be obtained from the use of the services
will be accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by you through the
services will meet your expectations, and (v) any errors in the services will
be corrected. VIBE TV Network and each user of VIBE TV Network disclaim any
warranties for services or goods received through or advertised on VIBE TV
Network or received through any links provided by VIBE TV Network.
You understand and agree that your use of VIBE TV Network is
at your own discretion and risk and that you will be solely responsible for any
liability, claim, damages, loss, cost or expense, including, without
limitation, loss of data, which results from or arises from your use of VIBE TV
Network.
Limitation of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, VIBE
TV NETWORK, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND
AFFILIATES, SHALL NOT BE LIABLE TO ANY USER 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 RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE
SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) OR ANY OTHER
MATTER RELATING TO THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE
WITH VIBE TV NETWORK RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF
SUCH SERVICE. IN NO EVENT SHALL VIBE TV NETWORK’S ENTIRE LIABILITY TO YOU IN
RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU
TOWARDS SUCH SERVICE IN THE PREVIOUS THREE (3) MONTHS.
Indemnification
Each user shall, and hereby agrees to, indemnify and hold
harmless, VIBE TV Network, and its officers, directors, shareholders, employees
and affiliates, from any and all claims, losses, damages, liabilities and any
other costs and expenses (including legal fees), arising from or related to
such user’s (i) failure to comply with these Terms and Conditions, (ii)
submission or posting of content using VIBE TV Network, or (iii) any use of,
access to or other activity engaged in, on or through VIBE TV Network, or (iv)
your violation of any rights (including intellectual property rights) of a
third party.
Modifications
VIBE TV Network reserves the right to revise these Terms of
Service at any time without notice. The revised version will be effective at
the time we post it. By using VIBE TV Network, you are agreeing to be bound by
the then current version of these Terms of Service.
Eligibility
By using the Services, you represent and warrant that (a)
you are fully able and competent to enter into the terms, conditions,
obligations, representations and warranties set forth in these Terms of
Service; (b) all registration information you submit is truthful and accurate;
(c) you will maintain the accuracy of such information; (d) you are 16 years of
age and older; and (e) your use of the Services does not violate any applicable
law or regulation. Use of the Services is void where prohibited.
Links
VIBE TV Network has not reviewed all of the sites linked to VIBE
TV Network and is not responsible for the content of any such linked website.
The inclusion of any link does not imply endorsement by VIBE TV Network of the
site or application. Use of any such linked website is at the user’s own risk.
Severability
If any provision of these Terms of Service is found by a
court of competent jurisdiction or arbitrator to be illegal, void, or
unenforceable, the unenforceable provision will be modified so as to render it
enforceable and effective to the maximum extent possible in order to effect the
intention of the provision; and if a court or arbitrator finds the modified
provision invalid, illegal, void or unenforceable, the validity, legality and
enforceability of the remaining provisions of these Terms of Service will not
be affected in any way.
Waivers
Our failure to act with respect to a breach of these Terms
of Service by you or other Users does not waive our right to act with respect
to that breach or subsequent similar or other breaches.
Entire Agreement
You agree that these Terms of Service constitute the entire,
complete and exclusive agreement between you and VIBE TV Network regarding VIBE
TV Network, and supersedes all prior agreements and understandings, whether
written or oral, or whether established by custom, practice, policy or
precedent, with respect to the subject matter of these Terms of Service.
CHANGES
VIBE TV Network reserves the right to modify this statement
at any time. Any changes to this Terms of Service will be listed in this
section, and if such changes are material, a notice will be included on the
homepage of the web site for a period of time. If you have any questions about our
terms of service or about our website practices, please contact us at: support@vibetvnetwork.com.
