Terms of Service

Effective Date: October 26, 2023

Welcome to vibewise.xyz. These Terms of Service ("Terms") govern your access to and use of the vibewise.xyz website and any related services, features, content, or applications offered by vibewise.xyz (collectively, the "Service"). Please read these Terms carefully.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to access or use the Service.

1. Acceptance of Terms

The Service is provided by vibewise.xyz ("we," "us," "our," or "the Company"). By creating an account, accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on the Service and updating the "Effective Date" above. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

You represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

2.2 Account Registration

To access certain features, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are solely responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

We do not guarantee that the Service will be available at all times, uninterrupted, secure, or error-free.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service ("User Content").

3.1 Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Submit false or misleading information or impersonate any person or entity.
• Upload or transmit viruses, malware, or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service.
• Collect or track the personal information of others without their consent.
• Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.

3.2 User Content

You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content, you grant vibewise.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business.

You are solely responsible for your User Content and the consequences of posting it. We do not endorse any User Content and expressly disclaim any liability in connection with User Content.

We reserve the right, but are not obligated, to review, remove, or disable access to any User Content at our sole discretion, for any reason or no reason, including if we believe User Content violates these Terms.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of vibewise.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of vibewise.xyz.

4.2 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with the following information:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
• Your contact information.
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

5.2 Limitation of Liability