TERMS OF SERVICE

The following terms and conditions govern all use of the Clickvibes.net website and all content, services and products available at or through the website, including, but not limited to Clickvibes.net, Clickvibes forums, clickvibes music player, activity points, and Bravurawebs points (taken together, the " Website"). The Website is owned and operated by Bravura Web Services LLC ("Bravurawebs"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this site by Bravurawebs (collectively, the "Agreement").

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions herein, then you may not access the Website or use any Website services. If these terms and conditions are considered an offer by Bravura Web Services, acceptance is expressly limited to these terms. 

 

Bravurawebs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bravurawebs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

TABLE OF CONTENTS

This Agreement includes both the terms above and the following sections, which you may jump to directly by selecting the appropriate link below. The headings and subheadings are for your convenience only -- you are responsible for reviewing all sections, defined terms and related links in their entirety to ensure you fully understand this Agreement.

 

  1. Eligibility to Use the Website
  2. Responsibility of Contributors
  3. Responsibility of Website Visitors
  4. Content Posted on Other Websites
  5. Responsibility of Account Holders
  6. Service Interruptions
  7. Website Visitors' License
  8. Termination.
  9. General Representation and Warranty
  10. Releases, Disclaimers, Liability Limits, Indemnification, & Assignment

1. Eligibility to Use the Website.

By accepting this Agreement, you represent that you are at least 13 years of age and you have the legal authority to enter into this Agreement. If you are at least 13 years of age and less than 18 years of age, your parent or legal guardian must read and accept this Agreement on your behalf.

You may not use or register to use the Website (i) for the duration of your suspension if you have been suspended by Bravurawebs; (ii) at any time if you have been terminated from access to the Website by Bravurawebs ; or (iii) at any time if you are a person barred from accessing the Website under applicable law.


2. Responsibility of Contributors.

Clickvibes is not responsible for materials submitted or posted to any of its Websites, including materials posted on any comments section, message board, forum, letter to the editor, or chat room (" Forums"). If you comment on a blog post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (hereinafter, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  •  the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any content or code that may be harmful, impede other users' functionality, invade other users' privacy, harvest or collect any data or personal information about other users without their consent or surreptitiously or negatively impact any system or network such as viruses, worms, malware, Trojan horses, spyware, time bombs, cancel bots, or other harmful or destructive content;
  • the Content is not unsolicited or unauthorized advertising such as spam, junk mail, chain letters, pyramid schemes etc., and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Clickvibes/Bravurawebs or otherwise.

Without limiting any of those representations or warranties, Clickvibes/Bravurawebs has the right (though not the obligation) to, in Clickvibes/Bravurawebssole discretion (i) refuse or remove any content that, in Clickvibes/Bravurawebs reasonable opinion, violates any Clickvibes/Bravurawebs policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Clickvibes.net sole discretion.


3. Responsibility of Website Visitors.

Clickvibes/Bravurawebs has not reviewed, and cannot review; all of the material, including computer software, user content, and user comments posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Clickvibes/Bravurawebs does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Clickvibes/Bravurawebs disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

You agree that you will not in any way interfere with the delivery or display of advertisements appearing on the Website. You further agree that you: (a) will not disrupt, attack, overwhelm, modify, reverse engineer, decrypt or interfere with the Website or its associated software, hardware and/or servers in any way; (b) will not impede or interfere with others' use of the Website; (c) other than connecting to Clickvibes/Bravurawebs servers by http requests using a web browser, will not attempt to gain access to Clickvibes/Bravurawebs by any means - including without limitation by using administrator passwords or by masquerading as an administrator while using the Website; and (d) will not impersonate any person or entity or misrepresent your identity.


4. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Clickvibes.net links, and that link to Clickvibes.net. Clickvibes/Bravurawebs does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-Clickvibes.net website or webpage, Clickvibes/Bravurawebs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Clickvibes/Bravurawebs disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.


5. Responsibility of Account Holders.

To access additional features of the Website you must establish an account, using true and accurate registration information.

5.1 Registration Requirements

You must establish a registered Account with Clickvibes/Bravurawebs to use the Website, except for those portions of the Website which Clickvibes.net allows users to access without registration. You agree to provide accurate, current and complete information about yourself as prompted by the registration and to use the account management tools provided to keep your Account information accurate, current and complete. 

 

You may not establish multiple Accounts. You may not transfer or assign your Account and its contractual rights, licenses and obligations, to any third party without the prior written consent of Clickvibes/Bravurawebs.

5.2 Account Name and Password

At the time your Account is opened, you must select an Account name and password. You are responsible for activities related to your Account Name, and for keeping your password for this Account secure. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure of your password or from any person's use of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Website. Your disclosure of your password to any other person is at your own risk.

5.3 Account Content

You are responsible for all activities conducted through your Account. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, we may suspend or terminate your Account (or Accounts) as described in Section 11. 

 

You may delete copies or instances of your Content that you have displayed or that are in your Account inventory through the normal functionality of the Website, including by emptying the trash folder in your Account inventory. You acknowledge that this termination will not apply to any other copies or instances of the same Content that you have not specifically deleted from the Website, including without limitation those that may be displayed elsewhere on the Website. In such event, any licenses granted by you shall terminate, but only for those particular copies or instances of Content that you have deleted from the Website.

5.4 User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, " Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the terms and conditions set out in this Agreement.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your Account settings, as applicable.

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

5.5 Account Holder Interaction

You understand that Clickvibes.net  is a service provider that enables its users to interact online and display and communicate information and content chosen by those users. Clickvibes.net does not control or endorse the Content of communications between users or users' interactions with each other or the Website.

 

You acknowledge that Clickvibes.net does not guarantee the accuracy of information submitted by any user of the Website, nor any identity information about any user. Your interactions with other users and your use of Account holder services are entirely at your own risk.

 

You agree that Clickvibes.net has and may exercise the right in its sole discretion to pre-screen, refuse, or delete any Content or services from the Website or disable any user's access to the Website without notice or liability to you or any other party, including upon our belief that such user's conduct, Content, services, or use of the Website is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of our Terms of Service or other policies.

 

Any violation by you of the terms of this Section may result in immediate suspension or termination of your Account(s) without any refund or other compensation.


6. Service Interruptions.

The Website is subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.

Clickvibes.net may on occasion need to interrupt the Website with or without prior notice. You agree that Clickvibes.net will not be liable for any interruption of the Website (whether intentional or not), and you understand that except as may otherwise be specifically provided, you will not be entitled to any refunds of fees or other compensation for interruption of service.

 

Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. Clickvibes.net owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with accessing the Website. Clickvibes.net will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers. Our ownership of these bits and bytes of electronic data stored on our Servers does not limit or impair any Intellectual Property Rights you may have in your Content.


7. Website Visitors' License.

Clickvibes.net hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to access and use the Website as set forth in these Terms of Service and expressly conditioned upon you and your Account remaining active, in good standing, and in full compliance with these Terms of Service. Additional terms may apply to certain elements of the Website. If there is any contradiction between any additional terms and these Terms of Service, then the additional terms shall take precedence only in relation to that particular element of the Website. Any use of the Website, including Content on the Website, other than as specifically authorized in this Agreement, without the prior written permission of Clickvibes.net , is strictly prohibited and will terminate all licenses granted herein.


8. Termination.

Clickvibes.net may terminate / ban your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Clickvibes.net account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


9. General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Clickvibes.net Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

9.1 Privacy and your Personal Information

We are committed to protecting your privacy and will use your information only as described in our Privacy Policy. Our Privacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the Website you consent to the collection and use of your information in accordance with our Privacy Policy. If you object to your information being used in this way, please do not use the Website.


10. Releases, Disclaimers, Liability Limits, Indemnification, & Assignment

 

10.1 Release

You agree not to hold Clickvibes.net liable for the Content, actions, or inactions of visitors. As a condition of access to the Website, you release Clickvibes.net (and its officers, agents, moderators and administrators) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Clickvibes.net becomes involved in any resolution or attempted resolution of the dispute.

If you are a California resident, you waive California Civil Code Section 1542, which says: " A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

10.2 Limitation of Liability

IN NO EVENT SHALL BRAVURAWEBS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE (INCLUDING ITS MODIFICATION OR TERMINATION), THE ALL APPLICABLE SOFTWARE, THE WEBSITE, THE SERVERS, THE ACTIVITY POINTS, THE Clickvibes.net POINTS, THE Clickvibes.net MUSIC PLAYER, AND YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT BRAVURAWEBS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

 

Clickvibes.net shall have no liability for any failure or delay due to matters beyond their reasonable control. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.

 

10.3 Disclaimer of Warranties.

Clickvibes.net provides the Website, including without limitation the all applicable software, Clickvibes.net, the servers, the Activity Points, the Clickvibes.net Points, the clickvibes music player, and your Account, strictly on an "as is" basis, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose.

 

Neither Clickvibes.net nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.

 

No value, either express or implied, is guaranteed or warranted with respect to any content, activity points or Clickvibes.net points. Notwithstanding any intellectual property rights you may have in your content or any expenditure on your part, Clickvibes.net and you expressly disclaim any compensable value relating to or attributable to any data relating to your account residing on Clickvibes.net  You assume all risk of loss from using the website on this basis.