Terms of Services Updated -23 Sep 2024
Vibestar ("Vibestar," "We," "Us," "Our," and "Company") is committed to ensuring transparency and clarity in our communication with you, our Users (“User,” “You,” or “Your”). To this end, we provide concise summaries in plain language alongside the legal terminology throughout these Terms of Use. These summaries, which may be found in italics, are designed to aid in your understanding of the legal jargon that can sometimes be perplexing. It’s important to note, however, that these summaries are for your convenience only and are not legally binding. They do not replace or override the detailed terms and conditions outlined in this document. We strongly encourage you to read these Terms of Use carefully, along with any documents referenced herein, to fully comprehend the legal obligations and the framework governing your use of the Vibestar platform.
1. General Terms
We invite you to familiarize yourself with the rules and regulations that dictate your engagement with Vibestar’s website and mobile application, accessible via
https://myvibestar.com. The Terms of Use outlined herein, along with any documents and supplementary terms explicitly incorporated by reference (hereafter referred to as "these Terms"), establish a legally binding agreement between Vibestar and you, the user.
It is important to acknowledge that access to our platform may occasionally be hindered or interrupted for various reasons, including, but not limited to: (a) routine maintenance and repairs we carry out, (b) equipment failures, (c) unforeseen circumstances beyond our control, (d) interruptions or the complete unavailability of essential infrastructure, or (e) the unavailability of third-party service providers or partners for any reason.
As you navigate and interact with our platform, you may be subject to additional terms which complement these Terms. In instances where there is a discrepancy between these Terms and any additional conditions, the latter will take precedence.
Your access and use of the Vibestar platform signify your agreement to these Terms. If you find these terms unacceptable, we ask that you refrain from using our platform.
2. Definitions and key Terms
For the purposes of these Terms of Use and all related documentation, the following definitions apply:-
"Vibestar" encompasses the Company along with its parent entities, subsidiaries, affiliates, and any related companies, including their respective successors and assigns.
"Platform"or
"App" refers to Vibestar's website and mobile application through which our services are accessed and utilized.
"Modification" includes any updates, upgrades, or alterations made to the Platform.
"Applicable Laws" denotes all relevant laws, statutes, regulations, by-laws, ordinances, and directives issued by any governing body that apply to the User.
"Services" are the various offerings provided through the Platform by Vibestar, designed to engage and benefit our Users.
"Users" are individuals authorized to access and use the Platform, abiding by our Terms of Use, Privacy Policy, and any applicable Content Guidelines.
"Content Guidelines" or
"Guidelines" represent the written directives that Users must adhere to when generating content on our Platform, ensuring a respectful and constructive environment.
"Content" encompasses all forms of text, images, videos, audio, graphics, emojis, comments, and any other materials that can be found or shared on the Platform.
"Personal Data" is information that can identify an individual either directly or indirectly. This includes, but is not limited to, names, email addresses, phone numbers, age, gender, interests, and geographical locations. Information becomes Personal Data when it can be associated with an identifiable person, even if originally anonymous.
"Chat Feature" refers to our Platform's functionality that enables Users to engage in private, real-time communication with one another.
"AI Chat Bot" is an automated response system driven by artificial intelligence, designed to provide Users with assistance and information within the Platform.
"Community Engagements" within Vibestar are interactive elements designed to enrich User experience, such as forums for exchanging ideas, features allowing Users to connect quickly and meaningfully, and any innovative functions we introduce to enhance interaction on the Platform.
By engaging with Vibestar and using its Services, Users agree to these definitions and undertake to comply with the stipulated terms and guidelines.
3. Eligibility
To ensure a safe and legal use of the Vibestar Platform, users must meet the following criteria:
A. Age Requirement: You must be at least thirteen (13) years old, or the age of legal consent in your country/territory, to form a binding agreement with us.
B. Legal Compliance: The Platform is designed for users who are legally allowed to access it based on the laws of their country/territory. Vibestar does not support any use that contradicts applicable laws. You affirm and promise to use the Platform in a manner that complies with all laws applicable to you. If accessing the Platform is illegal in your location, or if Vibestar chooses not to offer the Platform in your area, you are prohibited from using the service. It is your duty to ensure your use of the Platform is lawful.
C. Identity Verification: Vibestar, directly or via third parties, may conduct inquiries to verify your identity. Should we be unable to confirm your identity after reasonable efforts, we reserve the right to restrict, suspend, or terminate your access to the Platform.
Your access and use of the Platform imply a declaration that your use does not violate any laws applicable in your region. It's crucial for you to understand the legal implications of using the Platform in your jurisdiction and to consult legal advice if you're uncertain about the legality of your actions on our Platform. Vibestar is committed to legal compliance and expects the same from all its users.
4. RestrictionsIn using the Vibestar Platform, you agree to the following restrictions, ensuring the integrity and security of our services:
Intellectual Property: You must not use or amalgamate the Platform with any software or service under an open-source license that imposes duties on the Services that conflict with these Terms or that offers any third party rights or immunities under Vibestar’s intellectual property or proprietary rights in the Services.
Personal Data: Without our explicit prior written consent, you are prohibited from collecting, accessing, or processing any personal data through the Platform for any unauthorized purposes.
Harmful Code: You must not introduce or transmit any harmful or malicious code or software, such as "back doors," "time bombs," "Trojan Horses," "worms," "viruses," "spyware," "malware," or any other computer code that facilitates unauthorized access, or adversely affects the operation, integrity, or security of the Platform, or any services or products offered by third parties in connection with the Services.
Unauthorized Commercial Use: Without Vibestar’s express prior written approval, you are not allowed to sell, resell, rent, lease, transfer, license, sublicense, syndicate, lend, or otherwise provide access to the Services to anyone.
5. Your AccountWhen engaging with the Vibestar Platform, here are key points regarding your account management and responsibilities:
Account Creation: You have the option to actively participate in the Vibestar community by (i) registering for an account using the provided login methods or (ii) browsing the platform in guest mode for a more limited experience.
Access to Services: Certain exclusive Services are accessible only to registered users. When creating an account, you commit to supplying us with precise, complete, and current information.
Software Updates: The software provided by Vibestar may automatically download and install updates, upgrades, or other new features. You can manage these automatic downloads via your device’s settings to suit your preferences.
Restrictions on Account Creation: If your account has been previously terminated or suspended by Vibestar for any reason, you are prohibited from creating a new account without our express permission. This ensures adherence to our User Agreement and maintains the integrity of our platform.
Account Deletion: Should you decide to leave the Vibestar community, you can delete your account at any time. This is done by navigating to your profile settings and selecting the option to delete your account. It is crucial to remember that certain data or content you have shared on the platform may continue to exist in accordance with our data retention policies.
Accurate Information: As a user, you are responsible for ensuring that the information associated with your account remains accurate and up-to-date. This includes promptly updating your details in the event of any changes.By maintaining an account with Vibestar, you agree to these conditions, which are designed to enhance your experience and protect both your privacy and the security of the platform.
6. Your ContentHere are the essential guidelines regarding the content you create and share on the Vibestar Platform:
Content Responsibility: While the platform hosts content created or submitted by you ("Your Content"), Vibestar is not responsible for and neither endorses nor guarantees the accuracy, truthfulness, or reliability of any such content.
Content Standards: Content that is deemed objectionable, including but not limited to content that violates our Content Guidelines, is not permitted on the Platform. Vibestar reserves the right to terminate your account if your content is found objectionable under these standards.
Rights and Representations: By submitting content to the Platform, you affirm that you possess all necessary rights and authorities to share this content and grant us the usage rights as described. Posting content without the requisite rights may expose you to legal liability.
License to Use Your Content: Upon sharing your content on Vibestar, you grant us a comprehensive, worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to:
A. Use, copy, modify, adapt, prepare derivative works from, distribute, store, perform, and display your content across all media formats and channels currently known or developed in the future, globally.
B. Allow for the syndication, broadcast, distribution, or publication of your content by Vibestar or our partners.
C. Remove any metadata associated with your content and waive any rights to attribution or moral rights concerning your content.
Content Guidelines Compliance: It's imperative to familiarize yourself with and adhere to our Content Guidelines to ensure a positive and respectful environment on the platform.
By sharing any content on Vibestar, you agree to these terms, acknowledging that you are responsible for the content you post and the implications of sharing it on our platform.
7. Privacy PolicyWhen you engage with the Vibestar Platform, you consent to our handling of your personal information as outlined below:
Acknowledgment and Consent: By using the Platform, you acknowledge and consent to the collection, storage, processing, and utilization of your personal data in alignment with our
Privacy Policy.
Privacy Policy Overview: Our Privacy Policy details the methods by which we collect, use, and disclose your information and the steps we take to safeguard your privacy on the Platform.
Agreement to Privacy Policy: Your use of the Platform constitutes acceptance of our Privacy Policy, which describes our practices related to data collection, usage, and security measures.
We encourage you to review our
Privacy Policy to fully understand how we protect your information and your rights regarding your personal data.
8. Intellectual Property RightsIn the relationship between you and Vibestar, the following delineates the ownership and usage rights regarding intellectual property:
Vibestar Ownership: Except for any open-source or third-party software and intellectual property displayed on the Platform, Vibestar retains ownership over all intellectual property rights associated with our Platform. This includes, but is not limited to, patents, copyrights, trademarks, trade secrets, ideas, concepts, know-how, designs, the visual appearance of the Platform, and any other intellectual property on our Platform. This encompasses all platform content such as graphics, texts, icons, and any data or analysis derived from the use of the Platform.
Your Content License to Us: By posting content on Vibestar, you grant us a perpetual, unlimited license to reproduce, distribute, create derivative works from, modify, display publicly, and otherwise utilize your content. This license is for the purpose of operating, promoting, and improving our Services, as well as developing new ones.
Use of Feedback: Vibestar is entitled to freely use any feedback, suggestions, or comments you provide to enhance our Services. Such contributions do not grant you any rights to our Services or the improvements we make based on them.
Username Restrictions: Usernames that infringe upon trademarks or intellectual property rights of others are prohibited. It is your responsibility to ensure that your username does not violate another's rights.
Content Responsibility: You are responsible for ensuring that any content you post does not infringe upon the intellectual property rights of others. This includes obtaining the necessary permissions for any content not owned by you that you wish to use on the Platform.
9. Limitation of Liabilities
The following outlines Vibestar's limitations of liability regarding the use of our Platform and Services:
Scope of Liability: Under no circumstances and no legal theory (be it contract, tort, negligence, strict liability, warranty, or any other legal or equitable principles), will Vibestar be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, that arise from or relate to the Terms or the Services provided. This includes, but is not limited to, damages resulting from content deemed defamatory, offensive, or illegal made available through the Services.
Risk Acknowledgment: The use of Vibestar’s Services is solely at your discretion and risk. Vibestar is not liable for any damage to your device, computer system, or loss of data that results from the use of the Services.
Application of Limitations: These limitations apply regardless of the theory of liability, whether it's based on warranty, contract, statute, tort (including negligence), or otherwise, even if Vibestar has been advised of the possibility of such damages. This limitation of liability is intended to apply to the fullest extent permitted by law in the applicable jurisdiction.
Essential Purpose: Even if any remedy provided herein is found to have failed its essential purpose, the limitations specified in this section will remain in effect.
10. Dispute Resolution
PLEASE CAREFULLY READ THE FOLLOWING TERMS AS THEY OUTLINE THE AGREEMENT BETWEEN YOU AND VIBESTAR TO RESOLVE ANY DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION.
Arbitration Agreement: All disputes, questions, or disagreements arising from or relating to these Terms or the interpretation thereof, will be submitted to Vibestar for arbitration in [Specify Location], managed by [Specify Arbitration Body] in accordance with its prevailing Arbitration Rules, which are incorporated by reference into this clause. The arbitration proceedings will be held in [Specify Location], and the panel will consist of one arbitrator, conducting the arbitration in English. The courts of [Specify Location] will hold exclusive jurisdiction over appeals and the enforcement of an arbitration award.
Mediation Efforts: Following the start of arbitration, both Vibestar and the User commit to attempt resolving the dispute via mediation at [Specify Mediation Centre], following the [Specify Mediation-Arbitration Protocol] currently in effect. Any settlement reached in mediation will be presented to the arbitration tribunal established by [Specify Arbitration Body] and may form the basis of a consent award.
Individual Resolution: Disputes will be resolved on an individual basis through arbitration, without the possibility for class arbitration, class actions, or any representative proceedings. It is explicitly clarified that disputes cannot be brought or aggregated on behalf of others, whether within arbitration or in any other proceedings.
Arbitrator's Authority: The arbitrator's decision will not be influenced by previous rulings in cases involving Vibestar but will be bound by rulings in cases involving the same User as required by applicable laws. The arbitrator's award will be final and binding, with judgment on the award enterable in any court with proper jurisdiction.
Provisional Remedies: This clause does not prevent either party from seeking interim relief from courts to support the arbitration process as necessary.
Governing Law: This agreement and any disputes arising from it will be governed by the laws of India, excluding any conflict of laws principles. Furthermore, Vibestar retains the right to initiate proceedings for the enforcement or defense of its intellectual property rights in any competent court.
11. DisclaimerYOU CLEARLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE VIBESTAR PLATFORM IS ENTIRELY AT YOUR OWN RISK. EXCEPT FOR THE ASSURANCES EXPLICITLY STATED IN THESE TERMS, VIBESTAR, ALONG WITH ITS AFFILIATES, EXTENDS NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY LAW, REGARDING THE PLATFORM. THE PLATFORM AND ALL CONTENT WITHIN ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY THAT:
A. THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, RELIABLE, OR ERROR-FREE. VIBESTAR DOES NOT ENDORSE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY CONTENT FOUND WITHIN OR LINKED TO ITS SERVICES, NOR FOR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS.
B. ALTHOUGH VIBESTAR STRIVES TO ENSURE SAFE ACCESS AND USE OF ITS SERVICES, WE CANNOT GUARANTEE OR WARRANT THAT OUR SERVICES OR SERVERS WILL BE FREE FROM VIRUSES OR OTHER MALICIOUS COMPONENTS.
YOU ACCEPT THAT VIBESTAR IS NOT LIABLE FOR ANY HACKS, SECURITY BREACHES, OR OTHER UNAUTHORIZED ACCESS OR DAMAGE THAT MAY OCCUR AS A RESULT OF USING THE PLATFORM.
This disclaimer clarifies that the provision and use of the Vibestar Platform are subject to these stated limitations and exclusions of liability.
12. Changes to Terms and Additional Terms
Vibestar reserves the right to update or amend these Terms of Use and any additional terms that govern your use of our Platform:
A. Notification of Changes: Should there be any changes to these Terms, Vibestar will update the Terms on our Platform and adjust the "Effective Date" accordingly. For significant modifications, we may also communicate directly with you by sending an email to the address linked to your account (provided you've supplied one) or through other notifications on the Platform.
B. Acceptance of Revised Terms: Your continued access and use of the Platform after the Effective Date of updated Terms constitute your acceptance of these changes. It is essential that you review the revised Terms carefully upon their posting.
C. Disagreement with Changes: If you disagree with the updated Terms, your recourse is to cease using the Platform before the changes take effect.
This process ensures that you are always informed about any modifications to the terms governing your use of Vibestar, allowing you to make informed decisions about your continued engagement with our services.
13. Contact us
If you have questions or comments about this Terms of service, please contact us at info@myvibestar.com
Name of the App
Vibestar
Registered Company NameFACELIFT CONSTRUCTIONS PRIVATE LIMITED
H. No. 2758/A, new tagore nagar
Ludhiana, Punjab
India
141001
Emailinfo@myvibestar.com
Websitemyvibestar.com
Contact Page https://myvibestar.com/contact
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