TERMS OF SERVICE
*The VidaVibrante.com Site Does Not Provide Medical Advice*
These Terms of Service are designed to provide you guidance on the method of use of VidaVibrante.com. As used in this Agreement, VidaVibrante.com shall be referred to as “Site”, “Company”, or “Website”.
Your use of VidaVibrante.com indicates that you have carefully read, understand and agreed to these Terms and Conditions prior to using or viewing the VidaVibrante.com site. These Terms and Conditions are a binding contract between you and VidaVibrante.com, Inc., regarding your use of VidaVibrante.com and may be revised and updated at any time and without notice. If you do not agree with any of these terms, please do not use or visit the Site.
MEDICAL ADVICE DISCLAIMER
The contents of the VidaVibrante.com Site, such as text, graphics, images, information obtained from VidaVibrante.com’s licensors, and other material contained on the VidaVibrante.com Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the content on VidaVibrante.com. This Site is not and should not be a substitute for professional medical advice.
If you think you may have a medical emergency, call your doctor or 911 immediately. VidaVibrante.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. You agree that reliance on any information provided by VidaVibrante.com, VidaVibrante.com employees, others appearing on the Site at the invitation of VidaVibrante.com, or other visitors to the Site is solely at your own risk. Again, any opinions, from any source, are provided for informational purposes only.
Please note that the Site may contain materials that are sexually explicit. In no event shall VidaVibrante.com, Inc. assume or have any responsibility or liability for any posted User Content or information provider, including for any claims, damages or losses resulting from the use and/or appearance of such User Content/information providers information on the Website. VidaVibrante.com, Inc. reserves the right at all times to disclose any information (including the identity of the persons providing information or User Content), as necessary to satisfy any law, regulation or lawful governmental request.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any and all third parties including information providers and Users are those of the respective author(s) or distributor(s) and not of VidaVibrante.com.
USER RULES, RESTRICTIONS AND PRACTICES
You agree to defend, indemnify, and hold VidaVibrante.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. Breaches of any part of these Terms and Conditions are considered “material” breaches even if not specifically stated.
Use of VidaVibrante.com by any person under the age of 13 is prohibited. Any registration by, use of or access to the Website by anyone under eighteen (18) should be approved and monitored by the user’s parent or guardian. By using the Services or the Website, you represent and warrant that you are age thirteen (13) or older and that you have read, understand and agree to abide by all of the terms and conditions of these Terms of Service. If you are between 13 and 18 years old, you warrant that your parent/guardian has read the terms and conditions of the website to you and approved your use of the Site.
You warrant and agree that you will not upload any computer virus or other program designed to interrupt the normal usage of this Site, visitors to this Site or any partners to VidaVibrante.com on the Site.
You warrant that you will not attempt to utilize the Site for any unlawful matter and will promptly report any known attempts by any others to use the Site in an unlawful matter.
You agree not to harvest or collect email addresses or other contact information from the Site by any means or for any purpose or to use automated scripts to collect information from or otherwise interact with the services of the Site.
You agree not to access or attempt to access the Site except as authorized by VidaVibrante.com or engage in any activity that will effect the normal operation of the Site.
You agree not to, without express authorization from VidaVibrante.com, copy sell, trade or exploit in any way any portion of the Site for any purpose.
You agree that you will not attempt to make any changes to the Site, cause or attempt to cause any damage to the Site, invade the privacy of any user of the Site, engage in any inappropriate behavior on the Site, violate the intellectual property rights of any person, impersonate any individual or entity.
USER GENERATED CONTENT
The Site contains interactive pages including but not limited to blogs, message boards, Ask Our Expert postings, user reviews of drug information that allows users to upload content to the Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes and that you have used due diligence to ensure that you are not infringing on the rights of any third party. You are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.
If you make any such submissions to the Public Areas (or any areas) of the Site, you agree that you will not send or transmit in any way, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any third party. You also agree that you will not send or post any material to the Public Areas that shall serve in any way as any form of advertisement or sponsorship. If you submit any business information, idea, concept or invention to VidaVibrante.com by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to VidaVibrante.com by email, you automatically grant or warrant that you and/or the owner of such content or intellectual property has expressly granted VidaVibrante.com a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. You are on notice that VidaVibrante.com may sublicense its rights through multiple tiers of sublicenses. All submissions to VidaVibrante.com on the website, via email to VidaVibrante.com are considered public and not private.
You agree to post or upload only Media (like photos, videos or audio) that you have taken yourself and/or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. You warrant that you have performed due diligence related to any and all of your postings/uploads and received permission or clearances related to the posting of any Media (of any kind) on the VidaVibrante.com Site and hereby release, hold harmless and indemnify VidaVibrante.com from any uses related to any of your posts or uploads.
Posting of any personally identifiable information including but not limited to, telephone numbers, social security numbers, mailing address, passwords, banking information of you or third parties on the VidaVibrante.com Site is strictly prohibited.
It is strictly prohibited to upload media/information of any kind containing expressions of any form of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, or that is likely to cause an inappropriate action by any third party. By uploading any media like a photo or video, (a) you grant to VidaVibrante.com a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes VidaVibrante.com to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify VidaVibrante.com and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document. VidaVibrante.com reserves the right, in its full discretion, to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice.
VidaVibrante.com has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your VidaVibrante.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your VidaVibrante.com account and password; (3) promptly inform VidaVibrante.com if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. You grant VidaVibrante.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. VidaVibrante.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using VidaVibrante.com tools and services.
In order to access certain services on the Site, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of VidaVibrante.com services. You agree that any personal information you give to VidaVibrante.com, Inc. will always be accurate, correct and up to date. You further agree that you will not provide fake, fictitious or fraudulent information when identifying yourself on the Site.
You understand and agree that VidaVibrante.com, Inc. has no obligation to monitor, pre-screen, review, flag, filter or modify the Site, but reserves the right to edit, refuse to post, delete or remove (without notice) any User Content in its sole discretion and for any reason, including User Content that in the sole judgment of VidaVibrante.com, Inc. violates these Terms of Service or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
We also reserve the right, at our sole discretion and at any time, to modify or discontinue the services (or any part thereof) offered on the Website, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that VidaVibrante.com, Inc. will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Services offered by the Website.
VidaVibrante.com, Inc. may terminate your account and/or delete your profile and any User Content or information that you have posted on the Website at any time with or without notice and for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the spirit of these Terms and Conditions.
You agree and acknowledge that VidaVibrante.com shall cooperate fully with law enforcement in the lawful investigation of criminal behavior related to the use of VidaVibrante.com.
You understand and agree that the content on this Site is protected by Intellectual property rights (copyright, trademark and patent) under both United States and foreign laws. Title/ownership to the content remains with VidaVibrante.com or its licensors. Any use of the content not expressly permitted by these Terms of Service is a material breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of VidaVibrante.com. All rights not expressly granted herein are reserved to VidaVibrante.com and its licensors. You understand that you are solely responsible for your profile (including your name, image, likeness) and all information, including without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images and other content that you upload, post or display on or through the services or the Site, including from any Third Party Services, or transmit to or share with other users from the Website (collectively the “User Content”).
When you post User Content to the Website, you authorize us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, represent and warrant that you have the necessary rights to grant to VidaVibrante.com, Inc. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. If you choose to remove your User Content from the Site, the license granted above will automatically expire as to such Site; however, you acknowledge that VidaVibrante.com, Inc. may retain archived copies of your User Content. You acknowledge and agree that you are fully responsible for protecting and enforcing such rights and that VidaVibrante.com, Inc. shall have no obligation to do so on your behalf.
INTELLECTUAL PROPERTY NOTICES
All contents of this Website are: Copyright © 2013 VidaVibrante.com, Inc., Registered Trademarks of VidaVibrante.com or third-party content providers and are protected by United States and international copyright law. All rights reserved. VidaVibrante.com.com, VidaVibrante.com.org, VidaVibrante.com.net, VidaVibrante.com.esp, VidaVibrante.com on Facebook, VidaVibrante.com via twitter are all properties of VidaVibrante.com Inc., and it is the intent of VidaVibrante.com Inc to own and control all intellectual properties associated with the VidaVibrante.com name.
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (included but not limited to intellectual property) rights and are the intellectual property of VidaVibrante.com, Inc., and its affiliated companies, licensors and suppliers. VidaVibrante.com, Inc. actively protects its rights to the fullest extent of the law. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Indeed, when utilizing any information from this Site, you must so indicate that the information is a copyright or trademark of VidaVibrante.com. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet Website or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of VidaVibrante.com, Inc.
Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to INFO@IVYDIGITALLLC.COM. Notably, you should assume you do not have the right to use the Content outside the express permission granted in this Agreement. Written approval is otherwise required from VidaVibrante.com.
VidaVibrante.com contains text, photo, graphic, audio and/or video material licensed from several third party content providers (“Third Party Content”). Third Party Content shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither Third Party Content, nor any portion thereof, may be stored in a computer except for personal or non-commercial use. Neither VidaVibrante.com nor any third party content provider will be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. This Website may link to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Sites or Content”). Such Third Party Sites or Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Content accessed through the Website or posted on, available through or installed from the Site, including the accuracy, reliability, offensiveness, opinions, privacy policies, terms of services or other practices of or found at the Third Party Sites or Content. These links are provided for your convenience, and VidaVibrante.com, Inc. assumes no responsibility for any Third Party Sites or Content.
Certain areas of the Site may allow you to conduct transactions or purchase goods or services. Under no circumstances will VidaVibrante.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
VidaVibrante.com may also offer you the option, at your own risk, to connect your account, including portions of your User Content and activity on the Website, with certain third party services. When you consent to publish your User Content or activity on the Site to any Third Party Services, your information will be viewable by the communities on such Third Party Services. In addition, you may opt to publish your content or activity originating from your accounts with any Third Party Services to the Website, and by doing so, you grant VidaVibrante.com, Inc. and others designated by VidaVibrante.com, Inc. permission to use your content on the Website or otherwise.
VidaVibrante.com does not recommend and does not endorse the content on any third-party websites. VidaVibrante.com is not responsible for the content of linked third-party sites, sites framed within the VidaVibrante.com Site, third-party sites provided as search results, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. VidaVibrante.com does not endorse any product, service, or treatment advertised on the VidaVibrante.com Site. You agree to hold VidaVibrante.com harmless related to any harm caused by using any information, products or services of any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Any complaints associated with Intellectual Property violations should be sent via certified mail to:
347 Fifth Avenue
New York, NY 10016
via sworn affidavit containing:
1. identification of and a copy of the protected work believed to be infringed
2. identification of the material that is believed to be infringing and it’s location and date observed;
3. name, address, telephone and email address of person to contact;
4. statement that there is a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law;
5. statement that the information that has been supplied is accurate and indicating under penalty of perjury that you are the intellectual property owner or authorized by law to act on the owner’s behalf;
6. a signature or the electronic equivalent from the property holder or authorized representative.
The Site includes logotypes, trademarks and service marks (collectively “Marks”) owned by VidaVibrante.com, Inc. and Marks owned by other information providers and third parties. For example, VidaVibrante.com is a trademark of VidaVibrante.com, Inc. No Marks may be used in any manner unless approved in advance, in writing by VidaVibrante.com or previously allowed by the terms of this Agreement.
If you operate a Website and wish to link to VidaVibrante.com, you may link only to the home page, http://VidaVibrante.com, and not to any other page or sub-domain of VidaVibrante.com without our express written consent. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of VidaVibrante.com without our express written consent. You may not alter or modify in any way, VidaVibrante.com including but not limited to using any software to suppress or alter the display of advertising on the pages of VidaVibrante.com. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through VidaVibrante.com, not to insert any code or product or manipulate the content of VidaVibrante.com in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of VidaVibrante.com.
By placing material on, or communicating with, VidaVibrante.com, including for example communication during registration, communication on any VidaVibrante.com bulletin board or message or chat area, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service and that it will not cause injury to any person or entity. You grant VidaVibrante.com, its affiliates and related entities, including VidaVibrante.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of VidaVibrante.com, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize VidaVibrante.com to include the information you provide in a searchable format that may be accessed by users of VidaVibrante.com and other VidaVibrante.com web sites. You also grant VidaVibrante.com and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant VidaVibrante.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that VidaVibrante.com does not accept unsolicited materials or ideas for use or publication. VidaVibrante.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to VidaVibrante.com.
VidaVibrante.com cannot and does guarantee that it monitors all of the material posted or transmitted by users and third party information providers. VidaVibrante.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
Any software that is made available to download from this Website (“Software”) is the Intellectual property of VidaVibrante.com’ suppliers and must be used according to the terms of the end user license agreement and any jurisdictions relating to such use. You agree to hold VidaVibrante.com completely harmless and indemnify VidaVibrante.com for the unauthorized use of any software downloaded from this Site.
VidaVibrante.com is controlled, operated and administered by VidaVibrante.com, Inc. from its offices within the United States. VidaVibrante.com makes no representation that materials or content available through VidaVibrante.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use VidaVibrante.com or export the Content in violation of U.S. export laws and regulations. If you access VidaVibrante.com from a location outside the United States, you are responsible for compliance with all laws of that jurisdiction.
VidaVibrante.com respects the privacy of its readers. However, VidaVibrante.com does make available for rental its list of those registrants who have provided us with said permission. Registrants may change their user profile at any time by visiting our sign up page.
Subsequent use of this Site constitutes acceptance of any changes as you have agreed to review these Terms and Conditions periodically. To that end, VidaVibrante.com shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. VidaVibrante.com shall have the right at any time to change or discontinue any aspect of VidaVibrante.com, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use without notice. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
ALL MATERIALS AND SERVICES IN THIS WEBSITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. VIDAVIBRANTE.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. VIDAVIBRANTE.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS WEBSITE AND/OR THE CONTENT CONTAINED HEREIN. VIDAVIBRANTE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.
This Website may contain advice, opinions, and statements of various information providers and content providers. Again, VidaVibrante.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this Website or other person or entity. VidaVibrante.com is a provider of information. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither VidaVibrante.com nor its affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting therefrom.
Neither VidaVibrante.com, its affiliates, information providers or content providers shall have any liability for investment decisions based upon, or the results obtained from, the information provided herein. Neither VidaVibrante.com, its affiliates, information providers or content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. Nothing contained in this Website is intended to be, nor shall it be construed as, investment advice. Please consult a professional.
Under no circumstances, including, but not limited to, negligence, shall VidaVibrante.com, its affiliates, partners or content providers be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that VidaVibrante.com is not liable for any conduct of any User.
AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, VIDAVIBRANTE.COM, INC., ITS SUPPLIERS AND PARTNERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF VIDAVIBRANTE.COM; (B) VIDAVIBRANTE.COM’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU.
If you are dissatisfied with any VidaVibrante.com material, or with any of VidaVibrante.com’s terms and conditions, your sole and exclusive remedy is to discontinue using the VidaVibrante.com Website.
The Website and/or the Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to User’s or to any other person’s computer, or other property, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Services, any User Content or Site Content posted on or through the Site or the Services or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Company may terminate your account and/or delete your profile and any User Content or information that you have posted on any of the Website at any time with or without notice and for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the spirit of these Terms of Service. We also reserve the right, at our sole discretion and at any time, to modify or discontinue the Services (or any part thereof) offered on the Sites, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that VidaVibrante.com, Inc. will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Services offered by the Sites.
Except for legally posted User Content, you acknowledge and agree that all content on the Website or available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, including any related intellectual property rights, whether registered or not (the “Site Content”), is the proprietary property of VidaVibrante.com, Inc., its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without VidaVibrante.com, Inc.’s prior written permission.
Unless you have agreed otherwise in writing with VidaVibrante.com, Inc., nothing in these Terms of Service gives you a right to use any of VidaVibrante.com, Inc.’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
This Agreement shall be deemed to be the entire agreement between you and VidaVibrante.com and shall include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement has been made in and shall be construed and enforced in accordance with New York law without regard to it’s Conflict of Laws provisions. Any action to enforce this agreement shall be submitted to the exclusive jurisdiction of the federal or state courts located within the County of New York. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of VidaVibrante.com, Inc. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to VidaVibrante.com, Inc., and all other provisions for which survival is equitable or appropriate.
These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.
Contact us at Ivy Digital, LLC at firstname.lastname@example.org with questions or problems with this Website. Any rights not expressly granted herein are reserved.