Terms and Conditions
The Vibe Lifestyle website encompasses a variety of web pages and online platforms operated by Vibe Lifestyle.
No part of this service may be replicated in any manner or by any means without prior written consent from Vibe Lifestyle.
1. Acceptance of Terms through Usage
By accessing this website (“Site”), you are agreeing to all the terms, conditions, and notices outlined in these “Terms of Use”. If you do not consent to these Terms of Use, kindly refrain from using this Site. The content and all other materials (collectively referred to as “materials”) accessible on this Site are the property of Vibe Lifestyle and are provided as a gesture of goodwill to users. Vibe Lifestyle retains the right to update and modify these Terms of Use at its sole discretion. Please check the Terms of Use periodically for any updates. Your continued use of this Site following any alterations to the Terms of Use signifies your acceptance of those changes. In the event of a violation of these Terms of Use, Vibe Lifestyle reserves the right to pursue all available legal and equitable remedies for such violations.
2. Usage of the Site
You acknowledge and agree that all materials available on this Site are safeguarded by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Any unauthorized use of these materials may infringe upon these rights and laws. Except as stated here, none of the materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written consent of Vibe Lifestyle. Vibe Lifestyle authorizes you to view and download the materials on the Site for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Any use of the materials on any other website, server, or networked computer environment for any purpose is expressly prohibited. If you breach these Terms of Use, your authorization to use this Site will automatically terminate, and you must promptly destroy any downloaded or printed materials obtained from the Site.
3. Usage of Software
If you download software from this Site (“Software”), the use of the Software is subject to the license terms specified in the Software License Agreement accompanying or provided with the Software. You may not download or install the Software until you have read and consented to the terms of the Software License Agreement.
4. General Disclaimer and Limitation of Liability
Although Vibe Lifestyle has endeavored to provide accurate information on this Site, Vibe Lifestyle assumes no responsibility for the accuracy of the information or materials. Nor does Vibe Lifestyle warrant that the information or materials are up to date, that this Site will be available at any particular time or location, that any defects or errors will be corrected, or that the materials are free of viruses or other harmful components. Your use of this Site is solely at your own risk. Vibe Lifestyle may alter the materials or products mentioned at any time without notice. The mention of non-Vibe Lifestyle products or services is for informational purposes only and does not constitute an endorsement or recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL Vibe Lifestyle OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY Vibe Lifestyle PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF Vibe Lifestyle OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. User Communications
Apart from personally identifiable information, the use of which is regulated by the Vibe Lifestyle Online Privacy Statement, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein (“User Communication(s)”), will be treated as non-confidential and non-proprietary. Vibe Lifestyle will have no obligations concerning such User Communications. By posting or submitting User Communications to this Site, you: (i) agree that Vibe Lifestyle and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere, and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by Vibe Lifestyle will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.
6. Removal of Content and Discontinuation of Service; Termination of Authorization to Use the Site
Vibe Lifestyle reserves the right to remove content or discontinue services available on this Site with or without notice. Vibe Lifestyle further reserves the right to terminate your authorization to use any services on this Site, to terminate your password, if any, and to delete any one or more of your related accounts for any reason or for no reason, immediately and at any time.
7. Links to Third-Party Sites
This website may contain links to third-party sites. Access to any other Internet site linked to this website is at the user’s own risk. Vibe Lifestyle does not control and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice, or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. Vibe Lifestyle provides these links solely as a convenience, and the inclusion of such links does not imply an endorsement.
8. Indemnification
Upon request by Vibe Lifestyle, you agree to defend, indemnify, and hold harmless Vibe Lifestyle and its subsidiaries, affiliates, agents, co-branders, or other business partners, as well as its and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Vibe Lifestyle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Vibe Lifestyle in asserting any available defenses.
9. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Auckland, New Zealand,without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in [City], [State], and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
10. General Provisions
Unless otherwise specified herein, these
Terms of Use constitute the entire agreement between you and Vibe Lifestyle regarding your use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Vibe Lifestyle regarding the use of this Site. You may also be subject to additional terms and conditions that may apply when you use content, software, or services provided by third-party providers to this Site. The failure of Vibe Lifestyle to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.