Terms of Use
Last updated August 3rd, 2015.
Welcome to Vibereel! Our App was designed to create a new, easy and fun way for friends to enjoy music together. Vibereel allows you and your friends to quickly and easily play music together, check-out and share each other’s profiles, sessions, and events, giving opinions and interacting with other users through the app. These terms and conditions (the “Terms”) govern your access to and use of Vibereel’s website and mobile applications (“App”). Your use of our App is conditioned to your agreement to these Terms. By accepting these Terms, you are legally bound to TOHTT SERVIÇOS DE TECNOLOGIA LTDA., a Brazilian company headquartered in Recife, in the state of Pernambuco, Brazil (hereinafter referred to as “Vibereel”). Do not access or use the App if you are unwilling or unable to be bound by the Terms.
The App license covered by the present Terms is a non-transferable license and the use of the App is limited to any iPhone, iPad or iOS device that you own or control, as permitted by the Usage Rules set forth in the App store Terms of Service.
ACCEPTANCE AND CHANGES TO THE TERMS OF USE
Vibereel may revise this Terms of Use from time to time at its own discretion in order to adapt it to new standards and/or functionalities of the App. Whenever a change in our Terms of Use occurs, your next access to the App will present you with a notice containing its current version or a link to it, so that you are given the possibility to either accept or opt out of the App. By clicking the “Accept” button, you agree to be bound by the revised Terms of Use. By accessing or using the App, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the App, you represent and warrant that you have read and understood this Terms and will abide by them.
DEFINITIONS
For the purpose of this Term “ Your Content” means Content that you submit or transmit to, through, or in connection with the App, such as playlists, ratings, comments, images, photos, audio, video, and information that you publicly display or displayed in your account profile. “User Content” means Content that other users submit or transmit to, through, or in connection with the App. “Vibereel Content” means Content that we create and make available in connection with the App to any and/or all users. “Third Party Content” means Content that originates from parties other than Vibereel or its users, which is made available in connection with the App. “App Content” means all the Content that is made available in connection with the App, including Your Content, User Content, Third Party Content, and Vibereel Content.
Specifically regarding the App, “Vibemaster” refers to the user who creates an event or session. “Vibeplayer” refers to the users who will join the event or session and possibly contribute to it by adding songs of their choice.
A playlist or the list of songs added to the event created by the Vibemaster may also be referred to as a “Session”, “Vibesession” or “Vibereel”.
THE APP
The App consists of a platform where registered users may set up profiles with personal information, pictures, text and audio content, and create Vibesessions which they will be able to share and play together with other users using the tools and features provided by the App. The App also enables users to interact with one another and to view, listen to and share Content uploaded and made available by other users, to purchase songs directly from iTunes Store and to post comments, events and activities on Facebook. The App does not provide songs for download, it only enables users to purchase the songs from iTunes Stores.
OWNERSHIP OF THE CONTENTS
We own the Vibereel Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content, and App Content, which include the Vibesessions, computer code, products, software, aggregate user review ratings, and all other elements and components of the App excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Vibereel Content and the App, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Vibereel Content or the App’s Content in whole or in part except as expressly authorized by us.
As to Your Content, it may be freely used by Vibereel, respected your privacy settings. In case you terminate your account or change your privacy settings to a profile different from “PUBLIC PROFILE USER”, your information will still be retained and used by us in an anonymous mode, likewise a “PRIVATE PROFILE USER” as set forth in our Privacy Policy.
LANGUAGE
Although the governing language of these Terms is English, please note that versions will be made available to users in each of the languages in which the App interface is provided.
WHO CAN BECOME A USER
Any person who is 18 years or older, and willing to comply with these Terms and make use of the App in good faith.
APP AVAILABILITY
The App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
USER ACCOUNTS
To create an account you must (i) either provide a valid email address, your first and last names in order to sign up for a Vibereel Account and create a password or (ii) you may alternatively sign in with your Facebook account, case in which you will also be bound to Facebook’s Privacy Policy (http://www.facebook.com/about/privacy/). You are solely responsible for keeping the confidentiality of your password and the accuracy of your personal data and for all activities that occur in connection with your account, including the degree of privacy of the shared information (please revert to our Privacy Policy in this regard). You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason, including, but not limited for any abuse reported in connection with your activity. Your account is for your personal, non-commercial use only. In case you wish to make a commercial partnership with us, please revert to (sales@Vibereel.com). You may not adopt somebody else’s identity, create or use an account for anyone other than yourself or provide an email address other than your own. Please be reminded that, even if you choose to be a Private Profile User, others may still be able to identify you if, for example, you include identifying information in your content (reviews, photos, comments, etc.), use the same account information on other Apps, or allow other Apps to share information about you with Vibereel.
COMMUNICATIONS FROM VIBEREEL AND OTHER USERS
By creating an account, you agree to receive certain communications in connection with the App. You might, for example, receive comments or friend requests from other Users, feeds from the activity of your friends, etc.
YOUR CONTENT
Vibereel does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the App is generated, owned and controlled solely by you, and not by Vibereel. You must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the App) may constitute an infringement of third party’s rights and is strictly prohibited. Any such infringements may result in termination of your access to the App, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. We may, from time to time, invite or provide you with means to give feedback regarding the App, and in such circumstances, any feedback you provide will be deemed non-confidential and Vibereel shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
LIABILITY FOR YOUR CONTENT
You alone are responsible for Your Content, its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you or others personally identifiable. You hereby state that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. Your Content is in no way whatsoever sponsored or endorsed by Vibereel. You hereby acknowledge and agree that Vibereel (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the App, and to the extent permissible by law, Vibereel excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto. You will be held solely liable whenever Your Content contains material that is false, intentionally misleading, offensive, libelous or defamatory; violates any third-party’s right, including intellectual property, copyright and proprietary rights, moral rights, privacy rights, right of publicity; contains material that is unlawful, including obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. When you post or transmit Content on or through the App you grant Vibereel, its affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to practice the following acts, for commercial and/or non-commercial purposes: use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate Your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the App or on other sites owned by Vibereel or its affiliates or partners. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology currently known or later developed. We have the right, but not the obligation, to use your name, city and state in connection with any use of Your Content, unless you choose in the privacy settings for the specific data a mode other than public. If a third party reports abuse in connection with any part of Your Content, it may be removed from the App without investigation.
ADVERTISING
Vibereel and its licensees may publicly display advertisements and other information pertinent to or included with Your Content. Users are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to Users.
USE OF FEEDS
We make some of the App Content (“Feed Content”) available via Real Simple Syndication and Atom feeds (“Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Vibereel, and attributes Vibereel as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Vibereel promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Vibereel’s systems. Vibereel reserves all rights in the Feed Content and may terminate the Feeds at any time without notice.
USER GUIDELINES AND REPORT ABUSE
We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any or no reason, and without previous notice to Users. Comments will be removed immediately upon a report of abuse or if we feel that to any extent violate our guidelines.
We are under no obligation to enforce the Terms on your behalf against another User. While we encourage Users to let us know if they believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You commit yourself not to and not to assist, encourage, or enable others to Use the App to: - Violate our Guidelines, for example, by writing an offensive or defamatory comment. - Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; - Hold any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in Vibereels’reasonable opinion; - Threaten, stalk, harm, or harass others, or promote intolerance or discrimination; - Promote a business or other commercial venture or event, or otherwise use the App for commercial purposes. - Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the App’s search results or any third party website; or - Solicit personal information from minors, or submit or transmit pornography;
You also commit yourself not to and not to assist, encourage, or enable others to: - Violate the Terms; - Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the App or App Content (other than Your Content), except as expressly authorized by Vibereel; - Use any robot, spider, App search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the App or any App Content; - Make a reverse engineer of any portion of the App; - Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the App or on any materials printed or copied from the App; - Record, process, or mine information about other users; - Reformat or frame any portion of the App; - Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Vibereel’s technology infrastructure or otherwise make excessive traffic demands of the App; - Attempt to gain unauthorized access to the App, user accounts, computer systems or networks connected to the App through hacking, password mining or any other means; - Use the App or any App Content to transmit any computer viruses, worms, defects, Trojan horses, harmful or malicious components or other items of a destructive nature, (collectively, “Viruses”); - Use any device, software or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App; - Use the App to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the App or App Content; or - Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, features that prevent or restrict the use or copying of App Content, or features that enforce limitations on the use of the App.
PRIVACY
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our Users, affiliates, or the public.
SUGGESTIONS AND IMPROVEMENTS
Although we encourage Users to give us any useful feedback (suggestions and improvements), please note that any feedback is of users’ sole responsibility and we are not bound to accepting or complying with it, nor does the feedback configure any valid claim on the basis of an intellectual property right or a right of any other nature against Vibereel.
LINKS TO AND SERVICES PROVIDED BY THIRD PARTIES
The App may include links to other website or applications (each, a “Third Party App or Site”). The fact that the link is provided does not imply that we control or endorse the Third Party App. Users understand that we are not responsible for the availability or contents of such Third Party Apps. Users’ use of Third Party Apps is at their own risk.
When clicking a link for a Third Party App or Site, Users will be redirected to the said provider for processing your requests. Please be aware that some of the services / items made available on said links may be charged (such as purchases of Third Party’s Content) and may be subject to additional third party or open source licensing terms and disclosures, including the ones posted and incorporated herein by reference.
MAINTENANCE AND SUPPORT
Vibereel is not obligated to maintain or support the App, to provide all or any specific content through the App, or to provide Users with updates, upgrades or services related thereto. You acknowledge that Vibereel may from time to time in its sole discretion issue updates or upgrades to the App, disable access to the App for any period of time or permanently, and may automatically update or upgrade the version of the App that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades. Vibereel shall have no liability to Users arising out of any unavailability of the App. Vibereel and its Users acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed App.
INDEMNITY
You agree to indemnify, defend, and hold Vibereel, its predecessors, successors, subsidiaries, shareholders, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Vibereel Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the App, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the App, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Vibereel reserves the right, at Users expense, to assume the exclusive defense and control of any matter for which Users are required to indemnify us and Users agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Vibereel. Vibereel will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of Vibereel to Users. Nothing herein is intended to limit any rights Users may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please refrain from using the app until you have consulted with a legal professional. By accessing or using the app, you guarantee that you have read, understood, and agreed to these Terms, including this section.
- Your sole and exclusive right and remedy in case of dissatisfaction with the App, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the app.
- The app is made available to you on an “as is”, “with all faults” and “as available” basis, with the express understanding that Vibereel entities may not monitor, control, or vet User Content. As such, your use of the App is at your own discretion and risk. Vibereel makes no claims or promises about the quality, accuracy, or reliability of the App, its safety or security, or the App content. Accordingly, Vibereel is not liable to you for any loss or damage that might arise, for example, from the App’s inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the App.
- Vibereel makes no claims or promises with respect to any third party, such as advertisers listed on the App or the App’s users. Accordingly, Vibereel is not liable to you for any loss or damage that might arise from their actions or omissions.
- Vibereel expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Vibereel entities shall create a representation or warranty.
- The Vibereel entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach.
- Vibereel and you acknowledge that Vibereel (and not Apple) is responsible for addressing any claims of you or any third party relating to the licensed App or your possession and/or use of the licensed App, including but not limited to: (i) product liability claims; (ii) any claim that the licensed App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and, to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the licensed App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vibereel sole responsibility.
- The present Terms are binding just between Vibereel and you and contains the entire agreement between us. Vibereel is solely responsible for the App and its content. It is further agreed and acknowledged that Apple is, for all legal purposes, exempted from any responsibility for the App and its content.
THIRD PARTY BENEFICIARY
Vibereel and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the present Terms, and that, upon your acceptance to the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
Vibereel and you acknowledge that, in the event of any third party claim that the licensed App or your possession and use of the licensed App infringes such third party’s intellectual property rights, Vibereel will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
LEGAL COMPLIANCE
You represent and warrant that (i) you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S Government list of prohibited or restricted parties.
NOTIFICATIONS
Any questions, complaints or claims with respect to the licensed App should be directed by you to the following address:
TOHTT SERVIÇOS DE TECNOLOGIA LTDA
Av. Conselheiro Aguiar, 1851,
CEP 51111-011, Boa Viagem, Recife, PE, Brazil
Telephone Number: +5581 3464-1000
E-mail address: contact@Vibereel.com
Att.: Customer Support
CHOICE OF LAW AND VENUE
Brazilian law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Vibereel ( “Claim”), without regard to conflict of law provisions. The venue for settlement of any disputes shall be the Courts of Recife, PE, Brazil.
TERMINATION
You may terminate the Terms at any time by closing your account, discontinuing your use of the App, and/or providing Vibereel with a notice of termination. Please review our Privacy Policy for information about what we do with your account when terminated.
Vibereel may close Users’ account, suspend Users’ ability to use certain portions of the App, and/or ban Users’ altogether from the App for any or no reason, and without notice or liability of any kind. Any such action could prevent Users from accessing their account, the App, their Content, App Content, or any other related information.
GENERAL TERMS
The Terms contain the entire agreement between you and us regarding the use of the App, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on Vibereel’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Vibereel’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.