This is an agreement between Vibease Pte Ltd. ("Vibease"), the owner and operator of www.vibease.com (the "Vibease Website"), the Vibease software, including Vibease Mobile Application (collectively, including all content provided by Vibease through Vibease Mobile Application and the Vibease Website, the "Vibease Service", or the "Service"), and you ("you" or "You"), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE ("Terms"). If you choose to not agree with these terms, you may not use the Service.
Vibease grants you a revocable, non-exclusive, non-transferable, limited rights to install and use the Service on Mobile Device owned and controlled by you, and to access and use the Service on such Mobile Device strictly in accordance with the Terms of this License, the usage rules and any service agreement associated with your Mobile Device. Subject to your compliance with these Terms, Vibease hereby grants you permission to use the Service, provided that: (i) You are 18-year-old and above; (ii) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms; (iii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Vibease's prior written authorization; (iv) you will not attempt to reverse engineer, alter or modify any part of the Service; and (v) you will otherwise comply with the terms and conditions of these Terms of Service.
The use of the Service or sending emails to Vibease constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communications be in writing.
By using the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your Mobile Device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Vibease is not responsible for third party access to your account that results from theft or misappropriation of your account. Vibease and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
We may let you listen to some of Content for free when you sign up for an Account. To access more of our Content and certain features of our Services, you must purchase a subscription ("Subscription"). You can find additional information about pricing for our Subscriptions in the Apple App Store in your Account Settings (if you subscribed via the Apple App), in the Google Play Store (if you subscribed via Google Play Store App) or on our Site (if you subscribed via the Site).
When you purchase a Subscription (a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, and click on the Purchase button, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
You may purchase a Subscription with an annual or monthly renewal period, and you may select this at the point you make your Subscription. If you purchase a Subscription, you will be charged the annual or monthly Subscription fee, which will be inclusive of all applicable taxes, and other charges ("Subscription Fee"), at the beginning of your Subscription and each applicable yearly or monthly renewal period thereafter, at the then-current Subscription Fee. Please note that your Subscription will automatically renew, until it is canceled. If you purchase an annual Subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. If you purchase a monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. If you have an annual Subscription, Vibease will send you a reminder at least fourteen (14) days prior to each renewal with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Vibease. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Upon completion of the Transaction you will receive an email confirmation from us and immediately be able to access the Content. Where you access the Content you will have no right to repayment of any Subscription Fees and you acknowledge and agree that you waive any right to a refund of such Subscription Fees.
YOUR PURCHASE IS FINAL AND YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we'll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. To cancel, you can follow the instructions on our Site if you signed up via the Site, or the instructions in the applicable App Store if you signed up via our App. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.
Third party services
The Service may contain links to other websites or applications ("Linked Services"). The Linked Services are not under the control of Vibease and Vibease is not responsible for the contents of any Linked Services, including without limitation any link contained in a Linked Service, or any changes or updates to a Linked Service. Vibease is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vibease of the site or any association with its operators.
Certain services ("Third Party Services") made available via the Vibease Service are delivered by third party organizations. By using any of these Third Party Services, you hereby acknowledge and consent that Vibease may share such information and data with any third party with whom Vibease has a contractual relationship to provide the requested product, service or functionality on behalf of this Service users and customers.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Vibease or its partners or its users; are protected by copyright laws and treaties around the world. All such rights are reserved by Vibease, its partners and its users. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Copyright infringement, take down and DMCA Policy
Vibease respects the intellectual property rights of others and expects its users to do the same. In accordance Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via firstname.lastname@example.org. As an internet service provider, Vibease entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and email it to email@example.com. Upon receipt of Notice as described below, Vibease will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
If you're not sure whether material on the Site infringes on your copyright, please consult with an attorney before filing a DMCA notification. Misrepresenting that material infringes on your copyright may subject you to civil penalties. These penalties may include liability for monetary damages, court costs, and attorney fees.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the screenshot or the exact location where such material may be found.
Provide your full legal name, company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your electronic or physical signature.
Email this Notice, with all items completed to firstname.lastname@example.org
No unlawful or prohibited use
You are prohibited from using the Service to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, defamatory, invasive of privacy, obscene, vulgar, profane, pornographic, harassing, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or that may otherwise give rise to civil liability or violate any law. You are further prohibited from using the Service to impersonate another person, user or Vibease staff, employee, or representative, imply that any statements you make are endorsed by Vibease, or post or transmit any material that could damage or disparage Vibease or any of its affiliate entities in any manner. You are also prohibited from using the Service to advertise or perform any commercial solicitation outside of Vibease products. You are also prohibited from soliciting prostitution and any form of sexual services.
Use of communication services
The Service may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Vibease has no obligation to monitor the Communication Services. However, Vibease reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Vibease reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Vibease reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vibease's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Vibease does not control or endorse the content, messages or information found in any Communication Service and, therefore, Vibease specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Vibease spokespersons, and their views do not necessarily reflect those of Vibease.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to the Service
Vibease does not claim ownership of the materials you provide to the Service (including feedback and suggestions) or post, upload, input or submit to any Vibease Website, Vibease Mobile Application or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vibease, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Vibease is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vibease's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Vibease account to third party accounts. By connecting your Vibease account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party services). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Vibease, its founders, employees, and contractors. If you access the Service from a location outside of Singapore, you are responsible for compliance with all local laws. You agree that you will not use the Vibease Content accessed through this website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Vibease, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vibease reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vibease in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH VIBEASE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Vibease Pte Ltd. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Vibease Pte Ltd. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON VIBEASE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Vibease Pte Ltd. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination / Access Restriction
Vibease reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Singapore and you hereby consent to the exclusive jurisdiction and venue of courts in Singapore in all disputes arising out of or relating to the use of the Site. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vibease as a result of this agreement or use of the Service. Vibease's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vibease's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vibease with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vibease with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vibease with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Vibease reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. Vibease encourages you to periodically review the Terms to stay informed of our updates.