Vibez Terms of Use

These Terms of Use (the “Terms” or “Agreement”) govern your use of the software platform “Vibez” (“Application”) that was created by OS Digital Technologies LTD., (“Company”). Provided you agree to, and comply with, these Terms, Company grants you a license to use the Application on a computer or mobile device for the purpose of accessing Vibez content including music, biographies of composers, news, video clips and livestreams. If you do not agree with or are not willing to comply with any portion of these Terms, do not download or use the Application.

 

Acceptance of Terms

The terms and conditions outlined in these Terms govern all matters related to your installation and use of the Application and supersede all other agreements, representations, warranties and understandings with respect to the Application. By entering into these Terms electronically, you agree that these Terms have the same force and effect as an agreement made in writing and that Company may provide you with any notices and terms about the Application electronically by posting such notice on the Site.

 

Update and Modification of the Terms

You agree that Company is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Application (each an “Update”). However, in the event Company decides to offer an Update, you agree that Company may amend these Terms in connection with such Update without specific notice to you and that your installation and use of the Update is conditioned upon your acceptance of any revised Terms. The current version of these Terms will be posted at www.TheVibezApp.net (the “Site”) and you are responsible for reviewing the version of the Terms available at the Site before installing an Update. By installing an Update, you are representing

 

that you have reviewed the then-current version of the Terms at the Site and agree to be bound by such version. You may not install any Update unless you agree to the then-current version of the Terms.

 

Ownership Rights and License

As between you and Company, the Application, and all content (except for Third Party Content as described below) contained within the Application, is and shall remain the sole property of Company and is subject to protection under Nigeria and foreign copyright laws. All third-party information (such as, audio files, music files or other sounds) that you may have access to by using the Application (“Third-Party Content”) may be protected by intellectual property rights that are owned by the individual or entity from which such Third Party Content originated. Company reserves the right (but has no obligation) to filter or refuse to transmit any Third-Party Content via the Application. You agree that your use of the Application to communicate with any third parties is at your own risk.

 

Company grants you a personal, revocable, limited, non-transferable license to use the Application on either (a) a personal computer, (b) any iPhone, iPad or iPod Touch as permitted by the Usage Rules set forth in the App Store Terms and Conditions, or (c) any Android-enabled mobile device subject to the Android Market Terms of Service and Policies (the “Usage Rules”). This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the Application or any Third-Party Content (either in whole or in part). All Updates will be governed by the version of these Terms published by Company as of the date you install such Update. Any rights not expressly granted herein are reserved.

 

User Conduct and Compliance with Laws

You agree that the Application merely provides a software service that enables you to access music related content.

 

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Company's express prior written consent.

 

Termination

These Terms are effective until terminated by you or Company. Your rights under these Terms will terminate automatically without notice from Company if you fail to comply with any term(s) of this license.

 

Upon termination of these Terms you shall cease all use of the Application, and delete all copies, full or partial, of the Application.

 

No Warranty

You expressly acknowledge and agree that your use of the Application is at your sole risk and that, to the maximum extent permitted by applicable law, the Application and any content or information provided by the Application are provided “as is” and “as available”, with all faults and without warranty of any kind, and Company hereby disclaims all warranties and conditions with respect to the Application and any content or information provided by the Application, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of

 

merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Company does not warrant that the Application or any content provided by the Application, will meet your requirements, that the operation of the Application will be uninterrupted or error-free, or that defects in the Application will be corrected. No oral or written information or advice given by Company or its authorized representatives shall create a warranty.

 

Subscription

vibez offers membership subscription options for access to our content. In order to view our content, you will be required to agree to the usage terms for the content. The provisions of the usage terms will control your use of the Music, Video and general content available on vibez. 

You agree to pay all membership fees associated with your membership subscriptions, as appropriate ("Fees"). Company may provide you with the ability to pay the Fees through a third party service only via www.thevibez.net. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. 

All Memberships are Monthly or yearly contracts available for purchase. If, for any reason, your payment is not received by vibez, your membership will be suspended until payment is received by us. For memberships, you agree that until your paid subscription ends, or expires, you will continue to remain responsible for all subscription payments, even if you do not use our service. Subscription/membership payments and license payments are nonrefundable. All purchases are final.

Your account will be terminated if, at Company's sole discretion, you are determined to be using content outside of the approved uses listed in the terms of your membership.

Furthermore, we reserve the right to terminate any user account, if the account has been inactive for a twelve (12) month period. Your subscription will automatically renew on a monthly or annual basis (as specified during your sign-up) 24 hours to expiry date unless you cancel your Subscription.

 

Promo Program

vibez may, at its sole discretion, offer "Promo" programs that provide discounts and benefits to customers.

 

User Cancellation

At any time you are able to make cancellations to your subscription with no obligation. Your access to the service will be terminated at the end of your current subscription cycle.

 

Limitation of Liability

To the extent not prohibited by applicable law, in no event shall Company be liable for personal injury, or any incidental, special, punitive, exemplary, direct, indirect or consequential damages whatsoever, including, without limitation, property damage or injury to another person, damages for loss of profits, corruption or loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of limitation of personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars

($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.\

 

Acknowledgement

Company and you acknowledge that this Agreement is concluded between Company and you only, and not with Apple, Inc., or Google, Inc. Company, not Apple or Google, is solely responsible for Application and the content thereof. To the extent this Agreement provides for usage rules for Application that are less restrictive than the Usage Rules set forth for Application in, or otherwise is in conflict with, the App Store Terms of Service, or any similar policy published by Google, the more restrictive or conflicting Apple or Google term, as applicable, applies.

 

Scope of License

The license granted to you for Application is limited to a non-transferable license to use Application on a personal computer that you own or control, an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service any similar policy published by Google from time to time.

 

Maintenance and Support

Company is solely responsible for providing any maintenance and support services with respect to Application, as specified in this Agreement (if any), or as required under applicable law. Company and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

 

Warranty

Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In

the event of any failure of Application to conform to any applicable warranty, you may notify Apple or Google, as applicable, and Apple or Google may refund the purchase price for Application to you; and to the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.

 

Product Claims

Company and you acknowledge that Company, not Apple or Google, is responsible for addressing any claims of you or any third party relating to Application or your possession and/or use of Application, including, but not limited to: (a) product liability claims; (b) any claim that Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Company’s liability to you beyond what is permitted by applicable law.

 

Intellectual Property Rights

Company and you acknowledge that, in the event of any third party claim that Application or your possession and use of Application infringes that third party’s intellectual property rights, Company, and neither Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

Company Name and Address

Company’s contact information for any end-user questions, complaints or claims with respect to Application is info@theVibezapp.net

 

Third Party Beneficiary

You acknowledge and agree that Apple and Google, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple or Google, as applicable will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

 

Indemnification

You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Application or any Conferencing Service, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.

 

Equitable Remedies

You hereby agree that if the terms of this Agreement are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.

 

Notifications and Email updates

Occasionaly you will recieve notifications about updates from Artists you follow within the app. We will also send out periodic newsletters to registered users containing updates on new content in the app. You may at any time opt out of the newsletter.