We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Vibecoin. So please read them carefully.
These Terms of Service govern your use of Vibecoin and provide information about the Vibecoin Service, outlined below. When you create a Vibecoin account or use Vibecoin, you agree to these terms. By using Vibecoin or any of our other products or services that link to these Terms (we refer to these simply as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Vibecoin is a mobile application that was created to eliminate the hidden tax and help brands and their customers communicate what’s happening around them through user-generated content (e.g., posts, images). We call user-generated content (whether its from a brand or a consumer) a “Post.” As such, if you wish to take images or record short videos to share information with your social network, then you must grant us access to your camera so that you can snap a photo or record a short video that can be shared with your social network. Additionally, since Vibecoin is a location-based payment and content sharing app, then we will also need access to your location so that we can limit the sharing of the photos or short videos to people who are in geographic proximity to your physical location. We believe that user-generated, location-based photos or short videos will make it exponentially easier to share and discover what’s happening around you in your local community.
By using the Vibecoin app you agree to these Terms of Service (TOS) and agree that we have a zero tolerance policy for any objectionable content or abusive users. Please review our Community Guidelines (which are incorporated herein by reference) for more details about what we consider to be objectionable content and/or abusive users.
Finally, since Vibecoin, in addition to being a location-based payments network, is also an app that allows you to take photos of exciting things happening around you in your local community and then share those photos with your social network, we need access to both your camera and your location to be able to provide you with the Services as intended (i.e., taking pictures to share with people near your physical location). If you elect not to upload any photos, then we will not need access to your camera. Similarly, if you don’t want location-based information happening near you, then we won’t need access to your location coordinates. In both instances, you can use the Services without providing us access to your camera and/or location; however, there will be limits to the functionality of the Service.
Vibecoin is free for both brands and consumers. Individuals and brands both use Posts to share local information. However, brands have an option of upgrading their free listing (“Vibecoin Free” or “Free Subscription”) to a paid service (“Vibecoin Premium” or “Paid Subscription”). Vibecoin Free does not require payment for a local merchant to list their business on the Vibecoin app; however, Vibecoin Premium offers upgraded and enhanced features and functionality (e.g., multiple photos, multiple promotions, analytics). Vibecoin Premium requires payment before you can access enhanced features.
“Initial Subscription Term” means the initial subscription term for a Paid Subscription.
“Renewal Term” means the renewal subscription term for Paid Subscription commencing after the Initial Subscription Term or another Renewal Term.
Paid Subscriptions are offered on a monthly basis and automatically renew until cancelled in your iTunes account.
Vibecoin Premium subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. If we change our pricing, we will amend these Terms of Service as well as provide you with written notice via your email address that you provided to us when you signed-up for the services.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Vibecoin community.
By using the Services, you state that:
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Providing a safe and open Service for a broad community requires that we all do our part.
You can’t impersonate others or provide inaccurate information.
You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
You can’t do anything to interfere with or impair the intended operation of the Service.
You can’t attempt to create accounts or access or collect information in unauthorized ways.
You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
Vibecoin grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
All content you submit to the Services is considered “Public Content” including, but not limited to Post submissions. With respect to Public Content, you grant Vibecoin and our affiliates a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant Vibecoin, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
Much of the content on our Services is produced by users, organizations, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Vibecoin reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So, we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
Vibecoin respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
Vibecoin honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Vibecoin becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent at the contact details below:
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Post and drive. And never put yourself or others in harm’s way just to capture a Post.
You are responsible for any activity that occurs in your Vibecoin account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
If you think that someone has gained access to your account, please immediately reach out to Vibecoin Support.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services. If you change or deactivate the mobile phone number that you used to create a Vibecoin account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Vibecoin is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong user; however, you can terminate these Terms at any time and for any reason by deleting your account. Vibecoin may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Vibecoin continue to be bound by Sections [Include Survivability Sections].
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Vibecoin, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE VIBECOIN ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
VIBECOIN TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH VIBECOIN WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBECOIN AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF VIBECOIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIBECOIN’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID VIBECOIN, IF ANY, IN THE LAST 12 MONTHS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND VIBECOIN TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
To the extent that these Terms allow you or Vibecoin to initiate litigation in a court, both you and Vibecoin agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Eastern District of Virginia. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Courts of Manassas, Virginia. You and Vibecoin consent to the personal jurisdiction of both courts.