Terms of Use

The following terms and conditions (“Terms of Use”) outline your obligations when using the Vibio.com website. You can also review our Privacy Policy which outlines our obligations and practices towards handling any personal information that you may provide to us through the Vibio.com website. Your use of the Vibio.com website is governed by our Privacy Policy, which is hereby incorporated by reference into these Terms of Use.

b

1. ACCEPTANCE OF TERMS OF USE

The web pages available at www.vibio.com (collectively, the “Site”) are owned and operated by Vibio Inc ("Vibio"), and are accessed by you under these Terms of Use. Please read these Terms of Use carefully before using the Site. By CLICKING ON “I AGREE,” you agree to be bound by all of the terms and conditions of these Terms of Use. If you do not agree to all of the terms and conditions, then do not CLICK ON “I AGREE” OR access the Site or use the Content or Services on the Site.

2. MODIFICATION OF TERMS OF USE

Vibio reserves the right, at its sole discretion, to modify or replace the Terms of Use, in whole or in part, at any time. Vibio will notify you of any changes to the Terms of Use by posting notice of the changes and the updated Terms of Use on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Site and/or Services following the posting of such notification constitutes your acceptance of the changes to the Terms of Use.

3. DESCRIPTION OF SERVICE

Subject to your full compliance with these Terms of Use, Vibio provides a social commerce application and related services, as described more fully on the Site ("About Us"), which includes certain content, information and/or documents on the Site or through the Services, including, but not limited to, text, data, graphics, photographs, images, illustrations that are not Submissions (collectively, the “Content”). In addition, Vibio may provide you with certain proprietary software that Vibio allows you to download from this Site (“Software”). The Services, Software and Content are the copyrighted and/or trademarked work of Vibio or Vibio’s contributors.

Vibio grants you a limited, personal, non-exclusive and non-transferable license: (i) to use and display the Content solely for your personal use in connection with viewing and using the Site and Services and (ii) to download and use the Software solely for your personal use in connection with using the Site and Services. Except for the rights granted in the preceding sentence, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, Services, Software and/or any Content in any manner. These limited licenses terminate automatically, without notice to you, if you breach any of these Terms of Use. Upon termination of these limited licenses, you agree to immediately destroy any downloaded Software and/or printed Content. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, Services, Software or any Content.

Vibio may change, suspend or discontinue the Services or any Content for any reason, in Vibio’s sole discretion, at any time, including the availability of any feature of the Site and/or Services. Vibio may also impose limits on certain features of the Site and/or Services or restrict your access to parts or all of the Site and/or Services without notice or liability.

4. ELIGIBILITY AND REGISTRATION OBLIGATIONS

The Services are available only to individuals who are at least 13 years old. If you are under the age of 13, do not attempt to register for the Site and use the Services. By using the Site and/or Services, you represent, acknowledge and agree that you are at least 13 years old.

As a condition to using the Services, you are required to register with the Site and select a password and use your real name as a Screen Name (“Screen Name”). You shall provide Vibio with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Vibio account. You may not (i) select or intentionally use as a Screen Name the name of another person with the intent to impersonate that person; (ii) use another person’s name as your Screen Name unless you have authorization to do so from that person; or (iii) use as a Screen Name a name that is otherwise offensive or obscene. Vibio reserves the right to refuse registration of a Screen Name and/or cancel a Vibio account in its discretion. You shall be responsible for maintaining the confidentiality of your Site password and account, and agree to notify Vibio if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Vibio of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

5. SUBMISSIONS

You acknowledge that you are responsible for the content, information, photographs, images, audio clips, videos and any other material that you submit and/or make available on this Site and/or through the Services, including, without limitation, product descriptions, profiles, profile snapshots or photos, chats, messages or other communications (each a “Submission”) through posting areas (including, without limitation, your “Vibiosity Rating” (an indication of a user’s activity and general contribution to Vibio), “Style Profile” (which is a collective term for your “Like, Want, Have, Buy, Sell, Reputation” List, “Collections” and “Item List” pages)), product wikis, emails, instant messaging or other services available on the Site and/or through the Services. You, and not Vibio, will have full responsibility for each Submission, including its legality, reliability, appropriateness, originality and copyright. You agree that you will not upload, post or otherwise make available on the Site or through the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission.

You agree that Vibio shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. You grant Vibio a worldwide, perpetual, irrevocable, fully-paid up, royalty-free, sublicensable (with the right to sublicense through multiple tiers of licensees) license (in any media, whether known or not currently known and invented) to link to, utilize, use, copy, prepare derivative works and otherwise exploit the Submissions that you submit to the Site.

You also hereby grant all other users of the Site and Services have the right to link to, use, copy, publicly display, publicly perform, create derivative works from, and otherwise communicate and distribute your Submissions in connection with their use of the Site and Services without further notice, payment or attribution to you, including, without limitation, using your Submissions that are product descriptions, on an unmodified or modified basis, that are accessed through the product wiki on the Site.

You represent, warrant and covenant that: (i) you own the Submissions posted by you on or through the Site or have obtained all necessary rights, licenses, consents and clearances to enable Vibio to exercise the rights granted herein and exploit the Submissions as described in this Section, and (ii) the posting of your Submissions on or through the Site and/or Services does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Site.
Vibio encourages you to maintain your own backup of any Submissions that you post to the Site or Services. Vibio is not a backup service, and Vibio will not be liable for any loss of, modification, suspension or discontinuation of any Submissions offered on or through the Site and Services.

6. PUBLIC ACCESSIBILITY OF SUBMISSIONS.

You agree that any Submissions that you post or make publicly viewable through your “Style Profile” and “Vibiosity” are provided by you on a non-proprietary and non-confidential basis and will be publicly viewable by all users of the Site and Services. For any of Submissions that you post in your “Style Profile”, you will have the option to expressly designate each Submission through the “Privacy Settings” feature on the Site as being viewable on the following basis:

  • “Public” (i.e., by all users of the Site and Services),
  • “Friends” (i.e., only those of your friends and contacts whom you designate in your Vibio account settings as being able to access and view your Submissions), or
  • “Private” (i.e., viewable only by the Vibio account holder)

For the avoidance of doubt, any Submissions that are posted in your “Style Profile” or in other public posting areas of the Site that your expressly designate as being viewable by “public” or “contacts” will be accessible by other users of the Site and Services. Therefore, be sure that any information that you include in such Submissions is information that you are comfortable with publicly sharing with others.

7. PROHIBITED ACTIVITIES

You may not use Vibio for transactions involving:

  • Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety.
  • Drug paraphernalia.
  • Items that encourage, promote, facilitate or instruct others to engage in illegal activity.
  • Stolen goods including digital and virtual goods.
  • Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime.
  • Items that are considered obscene.
  • Certain sexually oriented materials or services.
  • Ammunition, firearms, or certain firearm parts or accessories and certain weapons or knives regulated under applicable law.
  • Items associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card.
  • Tobacco products or prescription drugs and devices.
  • Items that involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill, whether or not it is legally defined as a lottery, and sweepstakes unless the operator has obtained prior approval from Vibio.

8. CONDUCT

As a condition of use of the Site and Services, you shall not use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms of Use. You agree to comply with all applicable local, state, federal and/or international laws, rules and regulations of the jurisdiction in which you reside related to your use of this Site and Services. Vibio asks that you respect the Vibio online community as well as other individuals participating within the Vibio online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using the Site and/or the Services, you agree, without limitation, not to:

  • Abuse, harass, impersonate, intimidate or threaten other users of the Site and/or Services;
  • Post any copyrighted or trademarked materials without the express permission from the owner;
  • Post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, abusive, harassing, threatening, offensive, obscene, pornographic or otherwise violates any law or right (such as rights or privacy and publicity) of any third party;
  • Use racially, ethnically, or otherwise offensive language;
  • Discuss or incite illegal activity;
  • Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness;
  • use the Site, Services and/or Content for any illegal or unauthorized purpose;
  • Impersonate or represent Vibio, our staff or other industry professionals;
  • Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Vibio.com user;
  • Create, submit and/or disseminate any unsolicited, unwanted or unauthorized email, advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation ("Spam") to any other users of the Site and/or Services;
  • Violate any laws in your jurisdiction (including but not limited to copyright laws);
  • Submit comments linking to affiliate programs and/or multi-level marketing schemes;
  • Post off-topic messages or content;
  • Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
  • Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • Bypass any measures we may use to prevent or restrict access to the Site;
  • Contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • Sell or otherwise transfer your profile;
  • Solicit another Site user’s password or other account information;
  • Harvest user names, addresses, or email addresses for any purpose other than use in your legitimate interactions on or through this Site or Services for which the site was intended.

This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require Vibio to monitor, police or remove any Submissions or other information submitted by you or any other user. Vibio reserves the right to (a) terminate your access to your account, your ability to post to the Site and/or the Services and (b) refuse, delete or remove any Submissions or move any Submissions from “public” to “private” status, with or without cause and with or without notice, for any reason or no reason, or for any action that Vibio determines is inappropriate or disruptive to the Site, Services or to any other user of the Site and/or Services. Vibio reserves the right to restrict the number of emails which you may send to other members and users to a number that Vibio deems appropriate in Vibio’s sole discretion. Vibio may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Vibio’s discretion, Vibio will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

9. PERSONAL RESPONSIBILITY

You understand that deciding whether to use any resources pointed to or any information on the Site or to engage in any communications, interactions, dealings and/or transactions with third parties on or through the Site and/or offline is your personal decision for which you alone are responsible. You understand that Vibio does not and cannot make representations as to the suitability of any entity or individual that you may decide to interact with on the Site or through the Services and/or offline and/or the accuracy or suitability of any information or recommendations made by any entity or individual. You understand that your communications, interactions dealings and/or transactions with any individuals or entities other than Vibio on or through the Site and/or Services and/or offline are solely between you and such other individual or third party entity. You are solely responsible for your communications, interactions, dealings and/or transactions between you and such other individual or third party entity. Vibio reserves the right, but has no obligation, to become involved in any disputes between you and such other individual or third party entity. Vibio shall not be responsible for any loss or damage of any sort incurred as a result of any such communications, interactions, dealings, transactions and/or disputes between you and any entity or individual that you may decide to interact with on the Site or through the Services and/or offline.

10. INDEMNITY

You will indemnify and hold harmless Vibio, customers, vendors, officers and employees from any liability, damage or cost from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Screen Name, of any intellectual property or other right of any person or entity.

11. THIRD PARTY CONTENT

Certain information and content that are not Submissions may be provided by third party licensors and suppliers to Vibio, including, without limitation, Amazon.com Services LLC and eBay Inc. (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. VIBIO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. COPYRIGHT AND TRADEMARK INFRIDGEMENTS

Vibio respects the intellectual property of others, and we ask you to do the same. Vibio may, in appropriate circumstances and at our discretion, terminate your access to your account and/or the Site and/or Services to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Site, please provide Vibio’s copyright agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vibio to locate the material. Information reasonably sufficient to permit Vibio to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of

ry, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Vibio’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:

330 Townsend Street #235, San Francisco, CA 94107

By phone:

(650) 376-0008

By e‑mail:

Support@vibio.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Only the intellectual property rights owner may report potentially infringing items through Vibio’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms..

13. WARRANTY DISCLAIMERS

You acknowledge that Vibio has no control over, and no duty to take any action regarding: which users gain access to the Site and/or use the Services; what effects the Content may have on you; how you may interpret and/or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Vibio from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Vibio, FOR ITSELF AND ITS LICENSORS, makes no, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES, representations, OR GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH the Site, Services, SOFTWARE, ANY CONTENT, SUBMISSIONS AND/OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, THE implied warranties of merchantability, fitness for a particular purpose or non-infringement OF THIRD PARTY RIGHTS. Vibio will not be responsible or liable for the accuracy, COMPLETENESS, QUALITY, SUITABILITY, TRUTH, copyright compliance, legality or decency OF ANY INFORMATION, SOFTWARE, OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE SITE AND/OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The SITE, serviceS, SOFTWARE, content, THIRD PARTY CONTENT, SUBMISSIONS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE AND/OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. VIBIO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

14. LIMITATION OF LIABILITY

NEITHER VIBIO, NOR ITS BUSINESS PARTNERS OR LICENSORS, WILL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THIS SITE, SERVICES, SOFTWARE, CONTENT, SUBMISSIONS, THIRD PARTY CONTENT AND ANY RESOURCES OFFERED, MADE AVAILABLE AND/OR MADE ACCESSIBLE ON OR THROUGH THE SITE AND/OR SERVICES. IN NO EVENT SHALL VIBIO, NOR ITS BUSINESS PARTNERS OR LICENSORS, BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF VIBIO KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

15. LINKS TO THIRD PARTY SITES

The Site provides links to other World Wide Web sites or resources that are not Vibio Web sites (“Third Party Sites”) and certain areas of the Site may allow you to conduct transactions through such Third Party Web Sites, including, without limitation, buying goods and services and requesting information. Because Vibio has no control over such Third Party Sites, you acknowledge and agree that Vibio is not responsible for the availability of such Third Party Sites, and does not endorse, make any representations or take responsibility or assume liability for any content, advertising, business practices, goods, services or other materials on or available from such Third Party Sites, including, without limitation, its truthfulness, accuracy, quality or completeness. You further acknowledge and agree that Vibio shall not, under any circumstance, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, business practices, goods, services or other materials available on or through any Third Party Site or any dealings, communications and/or activities conducted on any Third Party Site. You acknowledge and agree that your use of any Third Party Site is governed by the terms and conditions of use and privacy policy of such Third Party Site.

16. TERMINATION

Vibio may terminate or suspend any and all your access to the Site and/or Services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. Upon termination of your account, your right to use the Site and Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site and Services. All provisions of the Terms of Use which by their nature continue and survive termination shall survive termination, including, without limitation, proprietary rights, ownership provisions, warranty disclaimers, indemnity and limitations of liability and general provisions.

17. PROPRIETARY RIGHTS

Vibio is a trademark of Vibio Inc in the United States, a trading subsidiary of Vibio (UK) Ltd in the United Kingdom. Other trademarks, names and logos on this Site are the property of their respective owners. Without limiting the generality of the foregoing, Amazon and the Amazon logo are the trademarks of Amazon.com, Inc. and eBay and the eBay logo are trademarks of eBay Inc.

Unless otherwise specified in these Terms of Use, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Vibio. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

18. GENERAL

If you use this Site outside the United States of America, you are responsible for following applicable local laws. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms of Use. Any disputes relating to these Terms of Use or the Site will be heard in the state and federal courts located in the County of San Francisco, California. If any of these Terms of Use is found to be inconsistent with applicable law, then such term shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law, and no other terms will be modified and will remain in full force and effect. Vibio’s failure to enforce any of these Terms of Use is not a waiver of such term. These Terms of Use are the entire agreement between you and Vibio and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Vibio about the Site and Services.