Terms Of Service
These Terms of Service and all other documents or policies referenced here (collectively, the "Terms") set forth the legal contract between each end user ("User") and Vibe Room Inc. (collectively, with its affiliates, "Vibe Room") with respect to access to and use of Vibe Room’s Website and Services.
Please carefully read all terms. By using the Website and services, User acknowledges and represents that User (i) has read these terms, (ii) understands them, (iii) accepts and agrees to be bound by them, (iv) is at least 18 years old or are able to form legally binding contracts, and (v) agrees to comply with all laws and regulations (including any policies of User’s company) applicable to User, to the use of the services, the Website, and/or the internet.
1. VIBE ROOM GENERALLY
Our Services are provided through the Website, which is an interactive online website, through which Users can create or support existing campaigns to seek to induce Vibe Room to create live performances of musical artists at a certain venue. Vibe Room is a crowdfunding site for fans, bands, and venues to combine their social influence and collective demand in order to create and pre-fund live performances. User agrees and understands that certain Services are only available to Registered Users upon the creation of an Account. Users use the Services at their own risk. Funds raised by Vibes may be used by Vibe Room to bring certain live performances of certain musical artists to certain venues or for another purpose as specified by Vibe Room. Vibe Room has the sole discretion to designate the purpose, including, but not limited to, assisting mankind in defense against either an alien invasion or attempted takeover by a sentient artificial intelligence.
2. NO RELIANCE
Material posted on the Website is not intended to amount to advice on which reliance should be placed. Vibe Room therefore disclaims all liability and responsibility arising from any reliance placed on such Material by any User or Visitor to the Website, or by anyone who may be informed of any of its contents. We also offer no advice on whether the dress was blue or white.
Vibe Room has no special relationship with or fiduciary duty to any User. You acknowledge that we have no duty to take any action regarding any of the following: (a) which Users gain access to the Website; (b) what Material Users access through the Website; (c) what effects the Material may have on Users; (d) how Users may interpret or use the Material; or (e) what actions Users may take as a result of having been exposed to the Material.
Vibe Room cannot guarantee the authenticity of any Material, data or other information that Users provide about themselves or their campaigns (“Vibes”). User releases Vibe Room from all liability in respect to any Material acquired or not acquired through the Website. The Website may contain, or direct Users to third party websites containing Material or other information which some people may find offensive or inappropriate. Vibe Room makes no representations concerning any Material on the Website and Vibe Room is not liable for the accuracy, copyright compliance, legality, or decency of any Material contained on The Website. Vibe Room has no obligation to monitor the Material.
Vibe Room reserves the right at any time, in Vibe Room’s absolute sole discretion, without notice and without giving reasons to: (a) cancel, reject, interrupt, remove, terminate or suspend a Vibe; (b) remove, edit, or modify any Material; and (c) remove or block any User or Visitor of the Website or any Material. Winter is coming.
The content on the Website is provided for general information only. It is not intended to amount to advice on which User should rely. User must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although Vibe Room makes reasonable efforts to update the information on the Website, Vibe Room makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
3. VIBE ROOM SERVICES
A. Access to Services and Tools
For so long as User agrees to these Terms and abides by them, User may use the Website and Services. Subject to these Terms, Vibe Room also grants User a limited, non-exclusive, nontransferable personal license to download, install, operate or use as applicable any Content, software, scripts, or tools that Vibe Room may, from time to time, specifically identify within the Website as available for download and/or use (“Tools”). The Tools may have additional terms that Vibe Room will provide to User when User uses those Tools.
In the course of accessing and/or using the Website, the Services and/or the Tools, Vibe Room may obtain information about User or User may be required to provide certain personal information to Vibe Room.
- As a “Visitor”, a User can view, visit, and browse through the Website in accordance with these Terms. User need not register with Vibe Room to simply visit and view the Website or to browse and see the partial, publicly accessible information in the Website.
- However, in order to access the Services and materials offered on and through the Website, User must register with Vibe Room for an account and receive a password, and become a “Registered User.”
- In order to use the Services available to a Registered User, User is required to set up an “Account” either directly with Vibe Room and/or through a third-party single sign-on service (e.g. Facebook, Twitter, Google, LinkedIn, or any other social media platform). When User sets up an Account, User is required to enter a valid email address, a username and password to access the Services (User’s username, password or Account information collectively "User’s Account"). User may not transfer to or share, without prior approval from Vibe Room, User’s Account with other persons or entities, and User is solely responsible for maintaining the confidentiality of User’s Account. User is solely responsible for any and all use of User’s Account and all activities that occur under or in connection with it. Please notify Vibe Room immediately if User becomes aware that User’s Account is being used without authorization. User agrees not to register for an Account on behalf of an individual other than User’s self, or register for an Account on behalf of any group or entity unless User is authorized to bind such person, group or entity to these Terms. By registering another person, group or entity User hereby represents that User is authorized to do so. Individuals and/or entities whom access to the Website or use of the Services have previously been terminated by Vibe Room may not register for a new account, nor may designate other individuals to use an account on its or User’s behalf.
- User warrants and represents that all information User provides to Vibe Room as part of User’s registration is true, accurate, current and complete, and User agrees to maintain and promptly update such information to keep it true, accurate, current and complete. If Vibe Room believes or suspects that such information is untrue, inaccurate, not current or incomplete, Vibe Room may deny or terminate User’s access to the Website or Services (or any portion thereof) and any license(s) to the Tools. Any accrued rewards shall be forfeited and ticket refunds shall be dispersed at Vibe Room’s sole discretion.
- As a Registered User, User can act as an Vibe Starter, an Artist, a Venue, or as a Customer, depending on which feature of the Services User is currently using and which feature User is given access to, as determined by Vibe Room.
- Eligibility and Children. User is not eligible to use the service without consent if User is under 18 years of age. If User is between the ages of 13 and 17, User can use the Service with the consent and supervision of User’s parent or legal guardian who is at least 18 years old, provided that User’s parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for User’s use of the Service. If User is under 13 years of age, then please do not use the Website. Under no conditions will a hamster, regardless of age, be eligible to use the service.
D. The Vibes
- Vibe Campaigns. Users can organize Vibes through the creation of live performances in certain cities and at certain venues and pre-selling tickets to such performances ("Vibe(s)") (collectively, the “Vibe”). Using the Website Tools, User can create User’s personalized Vibe page, upload User’s own Content, select the venue location, and promote the sale of Tickets. After setting up User’s Vibe, User can use the Tools to promote User’s Vibe to User’s family, community, and social circle, including through User’s social media pages and accounts, with the purpose of selling enough Tickets to bring the live performer to the selected venue. After a successful Vibe closes, Vibe Room will fulfill the Tickets orders, by distributing the Tickets and organizing the logistics to the musical artist performing at the venue.
- Rewards. Vibe Room may, at Vibe Room’s sole discretion, offer Rewards as an incentive to Customers, to induce their participation in the Vibe. Rewards are not to be offered for sale. Vibe Room will not offer or provide any of the following as a Reward: (i) any form of ownership interest in a company or venture; (ii) alcohol or any other controlled substance; (iii) drug paraphernalia; (iv) weapons, ammunition, and related accessories; (v) items promoting hate, personal injury, death, damage, or destruction to property; or any item (a) prohibited by applicable law to possess or distribute, (b) that would cause User to violate applicable law if User were to distribute it, or (c) that would cause User to infringe or violate another person's rights if User were to distribute it. In order to redeem a Reward, Customers must participate in the specific Vibe that the Reward is connected to.
- Artists/Venues. As an ARTIST or VENUE User (“Artist/Venue”), Artist/Venue user may upload Artist’s or Venue’s Content, data and materials (in text, images and/or graphic format, up to any storage limitations that Vibe Room may set from time to time), link Artist’s or Venue’s profile from other social media sites like Facebook and Twitter. Artists and Venues are also permitted to offer Rewards (“perks”) to Customers. Artist/Venue hereby warrants that Artist/Venue shall meet all commitments Artist/Venue makes in Vibes in which Artist/Venue is participating, including, but not limited to, delivering all Rewards Artist/Venue offered within each Vibe being participated in by Artist/Venue. Artist/Venue will respond promptly and truthfully to all questions posed to Artist/Venue by Vibe Room. If Artist/Venue is unable to fulfill any of Artist/Venue’s commitments (including delivering any Rewards), Artist/Venue will work with the Customers, as applicable, to reach a mutually satisfactory resolution, which may include refunding any money received for purchases, as applicable. Vibe Room is responsible for collecting and remitting any taxes on moneys Vibe Room generates or receives via Artist/Venue’s Vibe(s). Artist/Venue is responsible for any taxes due in connection with Artist/Venue’s Rewards. Vibe Room may attempt to verify Artist/Venue’s identity and other information Artist/Venue provides to Vibe Room, and Vibe Room may delay, withhold, reverse or refund any moneys generated via the Services or other amounts without notice or liability in the event Vibe Room is unable to verify any information to our satisfaction.
- Customers. As a Customer, User may make Pledges via the Vibe of User’s choice, and User may be able to link User’s social media profile, upload Content and give Feedback. As a Customer, User is solely responsible for asking questions and investigating Vibes to the extent User feels is necessary before User makes a pledge. All Pledges are made voluntarily and at User’s sole discretion and risk. Vibe Room does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Vibe or Reward, or the truth or accuracy of content posted on the Website by others. User is solely responsible for determining how to treat User’s purchase, as well as the receipt of any Rewards, for tax purposes. In the event User is issued a refund in connection with any Vibe because of any reason, User will no longer be entitled to delivery of any Reward associated with that Vibe.
- Vibe Room makes no representations about the quality, safety, morality or legality of any Vibe, Tickets, Reward or transaction, or the truth or accuracy of Content posted on the Website by others. Vibe Room does not represent that Artists or Venues will deliver Rewards. Users use the Website at their own risk.
- Prohibited Vibes. Vibe Starters are not permitted to cause harm to people or property, or to scam other Users. If User knows that User’s Vibe is claiming to do the impossible or it's just plain phony, don't post it. User must comply with all applicable laws and regulations, including all state and federal laws and regulations, in carrying out User’s Vibe or providing Rewards. By violating these Terms in any capacity, User is subject to an immediate removal of User’s Vibe(s), possible forfeit of raised funds, and potential suspension or termination of User’s account.
E. Behavior on the Website and Unauthorized Activities.
When using this Website and/or the Services, User agrees not to:
- Defame, abuse, harass, stalk, disrespect, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language or use the Website to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials or other intellectual property or proprietary right of others without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Website or to obtain information from the Website.
- Violate any law, civil or criminal.
- Violate our policies.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Website or act in a way that may undermine any Feedback, comments or ratings systems that Vibe Room establishes as part of the Services.
- Post anything contrary to our public image, goodwill or reputation.
- Create an account on behalf of any hamsters, as they are barred from creating an account under item 3(c)(vi)
This list of prohibitions provides examples and is not complete or exclusive. Vibe Room reserves the right in its sole discretion to (a) terminate access to User’s Account, User’s ability to post or to use the Website; and (b) refuse, delete or remove any submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Vibe Room determines is inappropriate or disruptive to this Website or to any other user of this Website.
Vibe Room may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Vibe Room’s discretion, Vibe Room will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.
Unauthorized use of any Content (Vibe Room’s or a third-party’s) contained on this Website may violate certain laws and regulations. User agrees to indemnify and hold Vibe Room and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Vibe Room or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or any claim or demand from a third-party that User’s use of this Website or the use of this Website by any person using User’s user name and/or password (including without limitation, User’s participation in the posting areas or User’s Content) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.
Vibe Room reserves the right, in their sole discretion, to remove Vibes and terminate accounts for such activities or for any other reason.
4. INTELLECTUAL PROPERTY RIGHTS
A. Ownership of the Website
As between User and Vibe Room and/or Vibe Room’s vendors and third party businesses, as applicable, Vibe Room retains all right, title and interest in and to the Website, Services, Content, and all Tools, and all their related intellectual property rights. The Website as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Website owned by or licensed to Vibe Room or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary Tools, methods and systems used to provide the Website or Services ("Our Technology") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. User must abide by all copyright notices, information, or restrictions contained in or attached to the Website. Nothing in this Agreement grants User any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Website according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Website or in the Services, including its "look and feel", constitute trademarks, tradenames, service marks, trade dress or logos ("Marks") of Vibe Room or other entities. All Marks not owned by Vibe Room that appear on this site are the property of their respective owners. User is not authorized to use any such Marks, in any manner whatsoever. Ownership of all such Marks and the goodwill associated therewith remains with Vibe Room or those other entities.
Unless User first obtains the copyright owner’s prior written consent, User may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Website or the Services. User may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Website or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting User any right to obtain or use source code. User agrees not to copy, replicate, transcribe or reproduce the ‘look and feel’ of the Website, including its features and functionalities. User may not resell or sublicense access to the Services to any third-party.
User may provide links to the Website, provided that User (A) does not remove or obscure, by framing or otherwise, proprietary notices or other notices on the Website, and (B) discontinues providing links to the Website immediately upon our request.
C. License to User’s Content
While using the Website, User may post and use photos, videos, text, graphics, logos, artwork, designs and other audio or visual materials (collectively, "User Content"). User grants Vibe Room a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User’s Content (i) on and solely in connection with the Website for the sole purpose of providing User with the Services; and (ii) for the limited purpose of certain of our related marketing and promotional activities. User represents and warrants that User’s User Content and our use of User’s User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law and that User has obtained any and all necessary permissions and licenses to use such User Content.
D. Use of Third-Party Offerings
Vibe Room subtracts costs and charges service fees as a portion of the total sales made in a Vibe. All costs are deducted from the amount raised before proceeds are distributed to any third party. In all cases, standard credit card or other third-party processing fees apply in addition to any fees charged by Vibe Room. Vibe Room is not responsible for the performance of any third party credit card processing or third party payment services.
B. Vibes - Vibe Tipping Point
When a Vibe is first launched, the User may not know the date, time, and location for the concert. However, the User can pledge to purchase Tickets for a live performance of a certain musical artist to bring that particular musical artist to a certain venue or certain city. Each Ticket purchase pledge will count as one “join” to bring that certain musical artist to that certain venue. Users can promote and share the event in accordance with the Terms to get other Users to pledge to purchase a Ticket and “join” that particular live performance. Vibe’s are typically subject to a minimum number of tickets that need to be purchased (“Vibe Tipping Point"). The Vibe Tipping Point is a point in time at which the minimum number of Tickets has been sold, such that the Vibe “tips” and will proceed to being booked. The Vibe Tipping Point is in the sole discretion of Vibe Room. Vibe Room will determine the Ticket price for each Vibe. The User’s credit card will not be charged until the Vibe Tipping Point is reached. After the Vibe Tipping Point is reached, Vibe Room will notify the User of the date, time, and location of the Vibe. User will have a set amount of time, which shall be in the sole discretion of Vibe Room, to opt out of attending the Vibe. Vibe Room will notify User of the length of this time period. After that period of time, if User has not opted out of the Vibe via the instructions of Vibe Room, User will be charged the Ticket price (and any additional charges for experiences that User has opted to participate in). In the event a Vibe does not occur once it has tipped (in example, is cancelled by Artist or Venue), all moneys collected from a purchaser for Tickets will be refunded, subject to paragraph 5(c) below.
Purchases of Tickets by Users, made in connection with a Vibe, will be refunded in the event the Vibe is not produced. Transaction costs, may or may not, however, be refunded depending on the policies of the third party merchant services.
These Terms will become effective and binding when User uses the Website, when User voluntarily provides any information about User’s self to Vibe Room, or when User indicates User’s agreement by following any instructions Vibe Room places on the Website (such as buttons labeled “Submit” or “Purchase”). User does not need to inform Vibe Room if User wishes to stop using the Website or Services. Vibe Room reserves the right to terminate these Terms and User’s access to the Website and the Services at any time without notice and/or to reject, cancel, interrupt, remove or suspend a Vibe at any time for any reason without liability. User’s rights under these Terms will automatically and immediately terminate if User fails to comply with User’s promises and obligations stated in these Terms. User understands and agrees that upon termination of these Terms or User’s use of the Services, Vibe Room retains the license rights granted to Vibe Room upon any User Content uploaded or provided on our Website.
Vibe Room reserves the right to decide whether User Content violates these Terms for reasons other than copyright infringement. Vibe Room may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's Account for submitting such material in violation of these Terms.
The provisions of sections 2, 3, 4, 5, 6, 7 and 8 will survive the termination of these Terms.
7. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. No Warranties
THE SERVICES, THE SITE, THE TOOLS AND ALL INFORMATION, VIBES, CONTENT AND MATERIALS RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VIBE ROOM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO USER. VIBE ROOM AND ITS AFFILIATES DO NOT WARRANT THAT USER’S USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE VIBE ROOM SERVICES AND/OR SITE IS DONE AT USER’S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND USER IS ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. VIBE ROOM IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. VIBE ROOM DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND USER AGREES TO ASSUME THE SECURITY RISK FOR ANY INFORMATION USER PROVIDES USING THE SERVICE.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. VIBE ROOM RESERVES THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.
Though Vibe Room strives to enforce our Content related rules with all of our users, including Registered Users, User may be exposed through the Website or Services to Content that violates our policies or is otherwise offensive. User uses the Website and Services at User’s own risk. Vibe Room may, but is not obligated to, terminate User Accounts and/or remove Content from the Website if Vibe Room determines or suspects that those Accounts or Content violates these Terms. Vibe Room takes no responsibility for User’s exposure to Content on the Website whether it violates our content policies or not. User understands that the information and opinions in Content uploaded by Users represent solely the thoughts of the author and is neither endorsed by Vibe Room nor does it necessarily reflect our beliefs.
B. Limitation Of Liability
USE OF THE VIBE ROOM SERVICES, THE SITE, TOOLS AND ANY CONTENT IS AT USER’S OWN RISK. IN NO EVENT WILL VIBE ROOM OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF VIBE ROOM WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF VIBE ROOM TO USER FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED FIFTY U.S.A. DOLLARS (USD $50.00). USER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN USER AND VIBE ROOM RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO USER, AND VIBE ROOM WOULD NOT PROVIDE THE SITE OR SERVICES TO USER WITHOUT THIS LIMITATION. USER AGREES THAT VIBE ROOM WILL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY TERMINATION OF USER’S ACCESS TO THE SITE OR SERVICES OR DELETION OF USER’S ACCOUNT OR CONTENT.
To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless Vibe Room, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) User’s use of and access to the Website and/or Services; (ii) User’s violation of any term of these Terms; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that User’s User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and User’s use of the Website and/or Service.
A. Copyright Infringement
If User believes User’s copyright, trademark, or other intellectual property right is being infringed by a user of the Website, please provide written notice to the following agent for notice of claims of infringement:
Vibe Room Inc.
1245 Riverbirch Way
Hermitage, TN 37076
In order for Vibe Room to respond to User’s notice, it must: (i) contain User’s physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow Vibe Room to locate that material; (iv) contain adequate information by which Vibe Room can contact User (including postal address, telephone number, and e-mail address); (v) contain a statement that User has a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that User is authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
User acknowledges that if User fails to comply with all of the requirements of this Section 7(A), User’s Copyright Infringement notice may not be reviewed.
If User believes that User’s Content that was removed (or to which access was disabled) is not infringing, or that User has the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in User’s Content, User may send a counter-notice to firstname.lastname@example.org Vibe Room reserves the right, at our sole discretion, to repost or not to repost Content.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Vibe Room without restriction.
Please contact Vibe Room to report any problems, offensive content, policy violations and/or abuse.
D. Modifications to Terms
E. Modifications to Services
Vibe Room reserves the right to modify the Website and/or Services at any time without notice. If User objects to any changes to the Website or Services, User’s sole recourse will be to cease using them. Continued use of the Website or Services following posting of any such changes will indicate User’s acknowledgement of such changes and satisfaction with the Services as so modified. Vibe Room also reserves the right to discontinue the Website and/or Services at any time without notice. Vibe Room will not be liable to User or any third-party should Vibe Room exercise the right to modify or discontinue the Website or the Services.
F. Legal Disputes
These Terms will be subject to and construed in accordance with the laws of Tennessee, United States of America excluding its rules regarding conflicts of law. User agrees that any claim or dispute User may have against Vibe Room must be resolved exclusively by a state or federal court located in Davidson County, Tennessee, except as otherwise agreed by the parties or as described in the Arbitration subsection below. User agrees to submit to the personal jurisdiction of the courts located in Davidson County, Tennessee for the purpose of litigating all such claims or disputes.
- Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), User agrees that Vibe Room may elect, in Vibe Room’s sole discretion to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Vibe Room elects arbitration, User hereby agrees to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution ("ADR") provider chosen by Vibe Room. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
- Disputes between Users. User agrees and understands that Vibe Room is not responsible for resolving disputes between Users. In the event of any dispute, such as a User's alleged failure to comply with these Terms, Vibe Room may provide the User's contact information to the relevant User so that the parties may resolve their dispute.
G. General Agreement
If User is located outside the United States of America and chooses to provide information, upload Content to or register an Account with Vibe Room, User acknowledges and agrees that the information is processed and transferred in the United States of America. User’s submission of information represents User’s agreement to this. User acknowledges and accepts that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in User’s country. By using this Website User acknowledges and accepts that User’s information may be used in and be subject to the privacy laws of the United States of America.
User agrees to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), User states User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries and certain Specially Designated Nationals ("SDN") listed by OFAC as updated from time to time) and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Vibe is deemed to be in violation of Export Laws.
These Terms and any other legal notices and additional terms published by Vibe Room on the Website, shall constitute the entire agreement between User and Vibe Room concerning the Website and Services. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Vibe Room's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If User is a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release. If any provision of these terms is found by a court of competent jurisdiction to be invalid, User agrees that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. User agrees that any claim or cause of action related to the Website, the Services, the Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
"Vibe" means a fundraising effort designed to raise money within a defined time period by means of pre-sale Ticket sales and standard Ticket sales.
"Content" means and includes, without limitation, information (personal or otherwise), photos, images, text, comments, writings, notes, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. Content may be owned or controlled by Vibe Room ("Vibe Room Content") and/or owned, submitted, uploaded, posted, displayed, or otherwise made available by User as a Registered User (“User Content”).
"Customers" are individuals or organizations that purchase Tickets for Vibe(s).
"Feedback" means any information User provides to Vibe Room about the Website or Services, as a comment or evaluation.
"Tickets" means the tickets sold, both in pre-sale and standard sale, which shall be distributed in the manner specified on the Vibe page. These Tickets shall allow standard guest admittance to a certain live performance on a certain day at a certain venue, as specified by the Vibe’s details.
"Rewards" means additional side benefits or gifts (perks) that an Artist or Venue can offer as an incentive to Customers as part of the Vibe, including tangible items or intangible services.
“Pledges” means an offer to support a Vibe in a monetary way.
“Material” means all information provided by the Website or by any representative of Vibe Room.
"Vibe Starter" means an individual or entity that organizes a Vibe on the Website.
"Services" means any and all services, tools, software, mobile applications and functionalities as may be provided by Vibe Room from time to time, including access and use of the proprietary fundraising platform.
"Website" means, collectively, Vibe Room’s internet properties including, without limitation, www.viberoom.us; www.vibe-room.com; www.viberoom.com or other websites, microsites, mobile applications, Vibe Room profiles on social media sites and any other digital properties operated or used by Vibe Room from time to time.
"User" means "you", the user of the Website, whether User is an unregistered "Visitor" or a "Registered User." As a Registered User, User can act as an "Vibe Starter" or as a "Customer".