LOCAL VIBE VIRGINIA
TV Terms of Service
Acceptance of the Terms
By accessing or using LOCAL VIBE VIRGINIA TV, you agree to
be bound by these Terms of Service, whether you are a “Member or Client” (which
means that you have registered for an account) or a “Visitor” (which means that
you are visiting the Site or any of our related websites, toolbars, widgets,
applications or the like). The term “User” refers to a Visitor or a Member.
These Terms of Service along with any other guidelines we may post from time to
time, such as our Privacy Policy (collectively, the “Guidelines”) will govern
your use of the Services. If you do not agree to these Terms of Service or any
of our Guidelines, then please refrain from using any of our Services.
Summary
LocalVibeVirginiaTv.com, and all related content, materials
and services (collectively, “LOCAL VIBE VIRGINIA TV” or “We”) is an application
created, designed, owned and provided by LOCAL VIBE VIRGINIA TV for use by its
Users.
What We Do
LOCAL VIBE VIRGINIA TV Channel is A
National Travel Channel for Virginians and People Traveling to Virginia.
Many of the Natural, Historical and Entertainment Sites and Attractions to See
in Virginia will be Highlighted. We also Host Videos of Events and Businesses
for Local VIBE Things to Do and Local VIBE Shopping for Everything from
Restaurants, Retail Shops, Family Fun, Services, & More! This video content is accessed by TV channel
subscribers on Roku TV and Amazon Fire TV. Services are designed to aid it’s
clients in improving sales, leads, and overall effectiveness of the client’s
advertising exposure.
General Terms
By using or accessing LOCAL VIBE VIRGINIA TV, you thereby
agree, (i) that you have read and understood these Terms of Service, and that
these Terms and Conditions create a valid and binding agreement, enforceable
against you in accordance herewith, (ii) to be bound by these Terms of Service,
our privacy policy and any other applicable terms, conditions or policies
of LOCAL VIBE VIRGINIA TV; and (iii) that your use of LOCAL VIBE VIRGINIA TV
shall comply with all applicable federal, state, national and local laws or
regulations, and that you are solely responsible for your compliance with,
familiarity with and understanding of any such laws applicable to your use. If
you do not agree with any portion of these Terms of Service, you are prohibited
from using or accessing LOCAL VIBE VIRGINIA TV.
Your Account
You are solely responsible for all activities that occur
under your account. You agree not to use the account, username or password of
another User at any time or to disclose your password to any third party or do
anything else that might jeopardize the security of your account. You agree to
notify us immediately of any unauthorized use of your account. If we have
reasonable grounds to suspect violation of these terms or that registration
information you have provided is untrue, inaccurate, outdated, or incomplete,
we may terminate your User account and refuse current or future use of any or
all of the Services. We are not responsible for any loss or damage to you or
any third party that may be incurred as a result of any unauthorized access
and/or use of your account, or otherwise.
Fees and Subscription Plans
When you subscribe for Paid Services, the seller of these
services and the party you are contracting with is VIBE TV NETWORK, the parent
company of Local Vibe Virginia Tv. Your channel hosting subscription will be
automatically renewed at the end of each subscription period unless you inform
us that you do not wish to renew the subscription. We reserve the right to
change the subscription fee. Any such changes to fees for Paid Services that
are not temporary or promotional will take effect no less than thirty (30) days
after we provide you with notice by posting such changes on our website. The
changes shall only apply prospectively to the Paid Services you’ve purchased.
You will not be charged for using any Service unless you have opted for a paid
subscription plan. Up to date information regarding all our Fees and Channel
Plan Options are available at https://vibetvnetwork.com/channel-options.
If you have any questions regarding billing please contact us at support@vibetvnetwork.com.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
Payments, Account Modifications and Refunds
All fees associated with your LOCAL VIBE VIRGINIA TV account
will be payable to Dinah Temple Marketing Agency and you are responsible for
paying all fees and applicable taxes associated with the Paid Services in a
timely manner. Our order process is conducted by our online
reseller PayPal.Com.
PayPal.Com is
the Merchant of Record for all our orders.
Payments are taken in full at the start of each billing
period. If your payment fails or your account is past due, (a) you agree to pay
all amounts due on your account upon demand and reimburse us for all reversals,
charge-backs, claims, fees, fines, penalties and other liability incurred by us
(including costs and related expenses) that were caused by or arising out of
payments that you authorized or accepted, (b) LOCAL VIBE VIRGINIA TV may
collect fees owed using other collection mechanisms , and (c) we reserve the
right to either suspend or terminate your Paid Services or your account with
us, including deletion of your account. You agree to submit any disputes
regarding any charge to your account in writing to LOCAL VIBE VIRGINIA TV
within thirty (30) days of such charge, otherwise such dispute will be waived
and such charge will be final and not subject to challenge.
Your LOCAL VIBE VIRGINIA TV account may be upgraded,
downgraded or cancelled, subject to the terms herein, at any time. When an
account is upgraded, then the upgrade to your Service will be immediate. The
difference in subscription rate will be calculated automatically and you will
be billed on a pro-rated basis for the upgrade. When an account is downgraded
then you will continue to have full access to all the features of the higher
subscription level until the end of the current billing period at which time a
new subscription for the lesser amount will be created and the old subscription
will be cancelled.
All payments made to LOCAL VIBE VIRGINIA TV in connection
with your LOCAL VIBE VIRGINIA TV account are non-refundable, and LOCAL VIBE
VIRGINIA TV does not generally offer, and is not required to provide, any
refunds or credits. There is no circumstance in which you will be entitled to,
or LOCAL VIBE VIRGINIA TV is required to provide, a refund or credit. In its
sole discretion, LOCAL VIBE VIRGINIA TV may provide a refund if (i) We
terminate your LOCAL VIBE VIRGINIA TV account without cause before the end of a
billing period for which you have paid in full, or (ii) you are seeking a
refund otherwise specifically provided for by these Terms or Service.
Modifications to the Service
LOCAL VIBE VIRGINIA TV is an evolving Service and we are
constantly updating our services and software to deliver the best possible Services
to our Users. We therefore reserve the right at any time (and from time to
time) to modify, suspend, or discontinue providing the Services or any part
thereof with or without notice. We will not be liable to you or to any third
party for any modification, suspension or discontinuance of the Services. You
further acknowledge that LOCAL VIBE VIRGINIA TV may, without limitation, modify
the fees, costs and pricing associated with LOCAL VIBE VIRGINIA TV at any time
and without notice. Any new features that augment or enhance the then-current
version of LOCAL VIBE VIRGINIA TV, including the release of new tools and
resources, shall be subject to these Terms of Service and may result, in LOCAL
VIBE VIRGINIA TV’s sole discretion, in a price increase. Notice of any such
modifications may be disseminated in the form of banners or similar devices or
via email from LOCAL VIBE VIRGINIA TV or VIBE TV NETWORK to the email address
associated with your account. You acknowledge and agree that we shall have no
liability associated with or arising from your failure to maintain accurate
contact or other information, including, but not limited to, your failure to
receive critical information about changes to the LOCAL VIBE VIRGINIA TV
Service or pricing. LOCAL VIBE VIRGINIA TV shall not be liable to you, or to
any third party, for any damages, costs, expenses or other liabilities related
to any modification, price change, suspension or discontinuance of LOCAL VIBE
VIRGINIA TV.
Violations and Termination of Accounts
LOCAL VIBE VIRGINIA TV reserves the right to investigate
violations of any of these Terms and Conditions or any other policies of LOCAL
VIBE VIRGINIA TV, or any other violations of any state, federal, national or
local law, rule or regulation, and to pursue any remedy available to LOCAL VIBE
VIRGINIA TV whether at law, in equity or otherwise. You hereby acknowledge and
agree that LOCAL VIBE VIRGINIA TV may notify, involve and cooperate with law
enforcement authorities in investigating and prosecuting users who violate
these Terms of Service or any other policies of LOCAL VIBE VIRGINIA TV, and any
other violations of any state, federal or local laws, rules or regulations. You
further acknowledge and agree that LOCAL VIBE VIRGINIA TV has no obligation to,
and does not, screen or monitor any users, information, materials or other
content provided or made available through LOCAL VIBE VIRGINIA TV, but has the
right to do so at any time in its sole discretion. You further acknowledge and
agree that LOCAL VIBE VIRGINIA TV may, in its sole discretion, remove or delete
any entries, information, materials or other content, and terminate the account
of any user, which violates these Terms of Service.
You may terminate your account and end your use of the
Services at any time and for any or no reason. If you terminate your account,
we will have no obligation to refund you any fees you may have paid except as
may be required by applicable law. Upon deactivating your account, this
Agreement terminates and your access rights to the Site and any Services
immediately cease to exist. LOCAL VIBE VIRGINIA TV’s rights survive the
termination of this Agreement.
Fair Usage
LOCAL VIBE VIRGINIA TV’s policy towards Fair Usage is that
customers should be able to use the LOCAL VIBE VIRGINIA TV service in an
appropriate manner to meet their needs. A very small number of customers may
use an excessive amount of the network bandwidth at peak times, to the extent
it can impair the performance for others. For this reason we have a fair usage
policy designed to ensure our Member service stays fast and reliable 24 hours a
day – it involves monitoring the amount of impressions, visitor interactions,
downloads and other non-time critical traffic on our service.
If a member’s usage is continually excessive, unfair,
affects other users’ enjoyment of our service, or is not consistent with the
usage we would typically expect on that member’s current package, we reserve
the right to upgrade members to a package more suited for their usage. In
extreme cases we may suspend or terminate the member’s ability to access the
service.
Third Party Interactions and Limitations
You release LOCAL VIBE VIRGINIA TV, its directors, officers,
shareholders, employees, agents and successors from claims, demands and damages
of every kind or nature arising out of or related to any disputes with other
Users, affiliates, resellers and third parties. In the event that the Services
are provided to you through a third party, e.g. a design agency acting as a
reseller of our services, your first port of call in the event of any disputes
will be with said agency. LOCAL VIBE VIRGINIA TV will take seriously and
investigate any complaints made against any of our resellers however LOCAL VIBE
VIRGINIA TV expressly disclaims responsibility for the accuracy, quality,
legality, nature, availability or reliability of Third Party Providers linked
to by or through the Site or Services. You agree that LOCAL VIBE VIRGINIA TV,
and its directors, officers, shareholders, employees and affiliates, shall not
be liable to any User for any direct, indirect, incidental, special,
consequential or exemplary damages, related to the action of Third Parties,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses.
Content Ownership and Copyright
Any content you store on our Services (collectively,
“Content”) remains yours however you grant LOCAL VIBE VIRGINIA TV a limited
license to access, copy, modify, distribute, store, transmit, reformat, list
information regarding, edit, translate, make derivative works of, publicly
display and publicly perform such Content to the extent needed to provide our
Services to you. The license you grant us is non-exclusive (meaning you are
free to license your Content to anyone else in addition to LOCAL VIBE VIRGINIA
TV), fully-paid and royalty-free (meaning that we are not required to pay you
for the use on the Services of the Content that you post), transferable and
sub-licensable (so that we are able to use our affiliates and subcontractors
such as Internet content delivery networks to provide the Services), and
worldwide (because the Internet and the Services are global in reach).
You are solely responsible for your Content and the
consequences of its transmission. You are further responsible for ensuring that
you do not accidentally make any private Content publicly available. Any
Content that you may receive through the use of the Services from your visitors
or otherwise is provided to you AS IS for your information and personal use
only and you agree not to use or otherwise exploit such Content for any purpose
without the express written consent of the person who owns the rights to such
Content. We make no warranties, express or implied, as to the Content or to the
accuracy or reliability of the Content or any material or information that you
receive through our Services.
LOCAL VIBE VIRGINIA TV acknowledges that it has no
intellectual property rights in any intellectual property owned by its Users
and uploaded to or used in LOCAL VIBE VIRGINIA TV. Any such intellectual
property remains the property of the LOCAL VIBE VIRGINIA TV User. However, by
allowing your online content to be viewed publicly, including any content
developed using LOCAL VIBE VIRGINIA TV, you acknowledge and agree that such
public content may be freely viewed and shared. You further acknowledge and
agree that LOCAL VIBE VIRGINIA TV is not, in any manner, responsible for the
security or protection of any intellectual property or similar content uploaded
to LOCAL VIBE VIRGINIA TV, the enforcement of any intellectual property or
similar rights with respect to such content, and that LOCAL VIBE VIRGINIA TV shall
not be liable for any claims, damages, liabilities or other costs or expenses
related thereto.
LOCAL VIBE VIRGINIA TV reserves the right, in its sole
discretion, to screen and review any content uploaded to or used in connection
with LOCAL VIBE VIRGINIA TV, and to remove any content found to violate these
Terms of Service.
In the course of using any of the Services, if you come
across any Content with copyright notice(s) or any copy protection feature(s),
you agree not to remove such copyright notice(s) or disable such copy
protection feature(s) as the case may be. By making any
copyrighted/copyrightable Content available via LOCAL VIBE VIRGINIA TV you
affirm that you have the consent, authorization or permission, as the case may
be from every person who may claim any rights in such Content to make such
Content available in such manner. Further, by making any Content available in the
manner aforementioned, you expressly agree that LOCAL VIBE VIRGINIA TV will
have the right to block access to or remove such Content made available by you,
if We receive complaints concerning any illegality or infringement of third
party rights in such Content. By using any of the Services and transmitting or
publishing any Content using such Service, you expressly consent to
determination of questions of illegality or infringement of third party rights
in such Content by LOCAL VIBE VIRGINIA TV.
It is our policy to respond to clear notices of alleged
copyright infringement that comply with the Digital Millennium Copyright Act of
1998 (“DMCA”). In addition, we will promptly terminate without notice the
accounts of those determined by us to be repeat infringers. If you are a
copyright owner and you believe that any content hosted on the Services
infringes your copyrights, then you may submit a notification pursuant to the
DMCA by providing LOCAL VIBE VIRGINIA TV with the following information in
writing:
an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
a
description of the copyrighted work that you claim has been infringed;
a
description of where the material that you claim is infringing is located
on our Services, such as by providing us the URLs to the content;
your address, telephone number, and email address;
a
written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
a
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
User Data
You own the Content created or stored by you. Unless
specifically permitted by you, your use of the Services does not grant us the
license to use the Content created or stored by you for our commercial,
marketing or any similar purpose. You agree not to use, display or share your
Content or any data we provide you (collectively, “User Data”) in a manner
inconsistent with our Terms of Service, Guidelines and all applicable laws and
regulations. We are not required to keep back-up copies of User Data on the
Site once your account or User Data is deleted. We make no guarantee that User
Data will be safely stored on the Site. To be safe, you should independently
back-up your User Data, to the extent permitted herein and by applicable laws
and regulations.
Inactive User Accounts Policy
We reserve the right to disable or deactivate unpaid User
accounts that are inactive for more than 180 days. This is a necessary
housekeeping policy to ensure our infrastructure runs smoothly for the rest of
our Users. In the event of such termination, all data associated with such User
account may be deleted. We will provide you prior notice of such termination by
email.
Prohibited Activity
You agree not to use the Services for illegal, harmful,
misleading, fraudulent or other malicious purposes or to post, disseminate or
communicate any unlawful, defamatory, obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter or for
the transmission of material that contains viruses or other malicious code, or
that which infringes or may infringe intellectual property or other rights of
another. Making false offers of direct payments or immediate financial rewards
on the basis of completion of a ‘Call To Action’ on a campaign, offering
non-existent rewards, bonuses, intellectual property or similar non-existent
products or services is also expressly forbidden by this Terms of Service. Content
communicated by other Users may contain inaccurate, inappropriate, offensive or
sexually explicit material, products or services, and we assume no responsibility
or liability for this material.
Without assuming any obligation to do so, we may delete any
Content or suspend any account associated with it, that we have reasonable
grounds to believe violates this Agreement or that may be offensive or illegal,
or violate the rights, harm, or threaten the safety of any person.
Service Communications
By providing us your email address on signing up to our
Services, you thereby consent to our using the email address to send you
Service-related notices, including any notices required by law, in lieu of
communication by postal mail. We may also use your email address to send you
other messages, such as updates, user communications, newsletters, changes to
features of the Service and other related offers which we believe in our sole
discretion may be of interest to you. If you do not want to receive certain
email messages, you may opt out by contacting our support team. Opting out may
prevent you from receiving valuable messages regarding updates, improvements,
offers, or communications from other Users. We reserve the right to send you
updates about your account status even if you opt out of all voluntary email
notifications.
Privacy Protection
We care about your privacy.
Your information may be stored and processed in any country in which LOCAL
VIBE VIRGINIA TV and its service providers maintain facilities. In this regard,
or for purposes of sharing or disclosing data in accordance with this
Agreement, LOCAL VIBE VIRGINIA TV reserves the right to transfer information
outside of your country. By using the Services, you consent to any such
transfer of information outside of your country.
Disclaimer of Warranties
LOCAL VIBE VIRGINIA TV is provided on an “as is” and “as
available” basis with no warranties whatsoever. LOCAL VIBE VIRGINIA TV and each
user of LOCAL VIBE VIRGINIA TV disclaim any warranties regarding the security,
reliability, timeliness, and performance of LOCAL VIBE VIRGINIA TV; LOCAL VIBE
VIRGINIA TV disclaims all liability for any claims, damages, losses, costs or
expenses (including attorney’s fees). In relation to LOCAL VIBE VIRGINIA TV services,
software or platform LOCAL VIBE VIRGINIA TV does not warrant that (i) the
services will meet your specific requirements, (ii) the services will be
uninterrupted, timely, secure, or error-free, (iii) the results that may be
obtained from the use of the services will be accurate or reliable, (iv) the
quality of any products, services, information, or other material purchased or
obtained by you through the services will meet your expectations, and (v) any
errors in the services will be corrected. LOCAL VIBE VIRGINIA TV and each user
of LOCAL VIBE VIRGINIA TV disclaim any warranties for services or goods
received through or advertised on LOCAL VIBE VIRGINIA TV or received through
any links provided by LOCAL VIBE VIRGINIA TV.
You understand and agree that your use of LOCAL VIBE
VIRGINIA TV is at your own discretion and risk and that you will be solely
responsible for any liability, claim, damages, loss, cost or expense, including,
without limitation, loss of data, which results from or arises from your use of
LOCAL VIBE VIRGINIA TV.
Limitation of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOCAL
VIBE VIRGINIA TV, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND
AFFILIATES, SHALL NOT BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE
SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) OR ANY OTHER
MATTER RELATING TO THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE
WITH LOCAL VIBE VIRGINIA TV RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION
OF SUCH SERVICE. IN NO EVENT SHALL LOCAL VIBE VIRGINIA TV’S ENTIRE LIABILITY TO
YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID
BY YOU TOWARDS SUCH SERVICE IN THE PREVIOUS THREE (3) MONTHS.
Indemnification
Each user shall, and hereby agrees to, indemnify and hold
harmless, LOCAL VIBE VIRGINIA TV, and its officers, directors, shareholders,
employees and affiliates, from any and all claims, losses, damages, liabilities
and any other costs and expenses (including legal fees), arising from or
related to such user’s (i) failure to comply with these Terms and Conditions,
(ii) submission or posting of content using LOCAL VIBE VIRGINIA TV, or (iii)
any use of, access to or other activity engaged in, on or through LOCAL VIBE
VIRGINIA TV, or (iv) your violation of any rights (including intellectual
property rights) of a third party.
Modifications
LOCAL VIBE VIRGINIA TV reserves the right to revise these
Terms of Service at any time without notice. The revised version will be
effective at the time we post it. By using LOCAL VIBE VIRGINIA TV, you are
agreeing to be bound by the then current version of these Terms of Service.
Eligibility
By using the Services, you represent and warrant that (a)
you are fully able and competent to enter into the terms, conditions,
obligations, representations and warranties set forth in these Terms of
Service; (b) all registration information you submit is truthful and accurate;
(c) you will maintain the accuracy of such information; (d) you are 16 years of
age and older; and (e) your use of the Services does not violate any applicable
law or regulation. Use of the Services is void where prohibited.
Links
LOCAL VIBE VIRGINIA TV has not reviewed all of the sites
linked to LOCAL VIBE VIRGINIA TV and is not responsible for the content of any
such linked website. The inclusion of any link does not imply endorsement by LOCAL
VIBE VIRGINIA TV of the site or application. Use of any such linked website is
at the user’s own risk.
Severability
If any provision of these Terms of Service is found by a
court of competent jurisdiction or arbitrator to be illegal, void, or
unenforceable, the unenforceable provision will be modified so as to render it
enforceable and effective to the maximum extent possible in order to effect the
intention of the provision; and if a court or arbitrator finds the modified
provision invalid, illegal, void or unenforceable, the validity, legality and
enforceability of the remaining provisions of these Terms of Service will not
be affected in any way.
Waivers
Our failure to act with respect to a breach of these Terms
of Service by you or other Users does not waive our right to act with respect
to that breach or subsequent similar or other breaches.
Entire Agreement
You agree that these Terms of Service constitute the entire,
complete and exclusive agreement between you and LOCAL VIBE VIRGINIA TV regarding
LOCAL VIBE VIRGINIA TV, and supersedes all prior agreements and understandings,
whether written or oral, or whether established by custom, practice, policy or
precedent, with respect to the subject matter of these Terms of Service.
CHANGES
LOCAL
VIBE VIRGINIA TV reserves the right to modify this statement at any time. Any
changes to this Terms of Service will be listed in this section, and if such
changes are material, a notice will be included on the homepage of the web site
for a period of time. If you have any questions about our terms of service or
about our website practices, please contact us at: support@localvibevirginiatv.com.
