TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. These Terms are applicable to the users of this site at http://www.vibe.com (“Site”) and other sites owned or controlled by Vibe Media Group (“Vibe” or “Owner”). By using this Site, you signify your agreement to these terms of use (“Terms”). You must read and accept all of these Terms in and linked to this agreement, each of which are incorporated herein by this reference, including but not limited to the Privacy Policy. If you do not agree to these Terms, please do not use the Site. You also agree that your use of some of Vibe’s branded websites may be governed by separate user agreements and privacy policies. We reserve the right to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms (including our Privacy Policy) will mean you agree to any changes, whether or not you have read them or not.

REGISTRATION ON THE SITE

By registering for the Site, you represent and warrant that you are at least 13 years of age. When you register for the Site, you will be asked to enter certain personal information. We collect personally identifying information such as your name, age and e-mail address during registration. In registering for and using the Site, you agree that you will not use a false or misleading name or give false or misleading information. If you provide inaccurate information or Vibe suspects that your information is incorrect or in the event that Vibe reasonably determines that your conduct is inconsistent with these terms and conditions, we reserve the right to suspend and/or terminate your account hereunder. Upon completing the registration process, you are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify Vibe of any unauthorized use of your account or any other breach of security.

USE OF VIBE MATERIALS LOCATED ON THIS SITE

This site is owned and/or operated by Vibe. No material from this site or any website owned, operated, licensed, or controlled by Owner (“Material”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any other purpose other than as expressly provided for herein is a violation of the Owner and/or its licensees’ copyrights and other proprietary rights. Except, as otherwise specifically outlined herein, the use of any such material on any other website or networked computer environment is prohibited. Vibe and/or its licensees own any and all worldwide rights, title and interest in and to the Material, including without limitation all intellectual property rights thereto. The Site and the Material are protected by United States copyright law and international treaties.

No logo, graphic, sound or image from any Owner site may be copied or retransmitted unless expressly permitted by Owner. You will not delete or in any manner obscure or alter the copyright, trademark and other proprietary rights notices or markings appearing on the Site.

SOFTWARE AVAILABLE ON THIS SITE

Any software that is made available to download from this server, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), are the copyrighted work of Microsoft, Netscape or other indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. OWNER MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CONDUCT ON THIS SITE

You understand that Vibe specifically disclaims any and all responsibility for your or third party information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials on this Site ("Content"), whether publicly posted or privately transmitted. Vibe does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Vibe is not responsible for lost, stolen, illegible or misdirected Content.

You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Vibe assumes no responsibility for monitoring the Site for inappropriate Content or conduct, or for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kind, delayed computer transmissions or network connections that are human or technical in nature.  In the event that Vibe does choose to monitor the Site, it shall do so in its own discretion and Vibe assumes no obligation to monitor or remove any Content that is not in compliance with these Terms of Use or inappropriate Content, and specifically disclaims any such Content posted on the Site. Notwithstanding the foregoing, Vibe reserves the right to remove, reject, suspend or terminate your access to the Site at any time, for any reason with or without notification to you and without any liability to Vibe hereunder.

You represent and warrant that you have all necessary rights to provide your Content to Vibe for use as described herein and that your use of the Site and any Content: (1) does not violate any law or regulation; (2) does not infringe in any manner any intellectual property rights of any third party; (3) does not breach any duty toward or rights of any person or entity, including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (4) does not contain information that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal; and (5) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system data or personal information.

PURCHASE OF PRODUCTS FROM THIS SITE

The purchase of any products from this site is governed by the terms and conditions of the sales transaction with the provider of the product. VIBE MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Vibe does not have any responsibility for the processing or delivery of products purchased from this site.

LINKS TO AND FROM THIS SITES

Owner permits the linking to its sites from any other site so long as the linking site is not a competitor of Owner and does not contain libelous, defamatory, obscene or illegal content. Any link must not frame the Owner's site and must be to the entire site rather than to a particular page or graphic. Permission to link to any Owner site is temporary and at Owner's sole discretion. Owner reserves the right to request any linking site to remove such link to any Owner site. Any linking site agrees to comply with such a request within 24 hours of receipt of such a request from Owner. Links in the Owner sites will let you leave the site. The linked sites are not under the control of Owner and the Owner are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Owner provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Owner unless expressly indicated.

PUBLIC FORUMS

"Forum" means any chat area, poll, bulletin board, e-mail and other interactive function offered as part of this Site. You shall not upload to, distribute through, or otherwise publish through this Site any Content that is libelous, defamatory, obscene, pornographic, threatening, harassing, misleading, invasive of privacy or publicity rights, abusive, illegal (including promoting illegal activity or behavior) or Content which is in violation of another's copyright, trademark or other proprietary rights.

It is important to understand that Vibe does not pre-approve, prescreen or otherwise approve the content posted on the Forum nor is Vibe responsible for any Content posted on its Forums. You should take specific precautions to carefully protect your identity and other private information about yourself and should not post any such information that you do not want publicly or virally disseminated. 

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.
In the event that you are submitting Content to any Forum, you automatically grant (or warrant that the owner of such rights has expressly granted) the Owner and its licensees a royalty-free, nonexclusive, perpetual right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed.

DIGITAL MILLENNIUM COPYRIGHT ACT

By executing this Agreement, you understand and agree that Vibe is in compliance with all terms of the Digital Millennium Copyright Act of 1998 (the “DMCA”), 17 U.S.C. §512 et seq. Vibe shall have the right, as per §512 of the DMCA, with appropriate notice to remove, take down or otherwise disable Your Content that is claimed to be infringing, irrespective of whether your Content is ultimately determined to be infringing. You agree that Vibe shall be in compliance with §512 (c) (2) of the DMCA by sending written notice to your last known email and U.S. mailing address detailing the alleged infringement. Upon such email, Vibe shall have the right to remove your Content. You may report any suspected infringement to mail@vibe.com.

JURISDICTIONAL ISSUES

Those who choose to access this Site from other locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable of the country where you reside or are accessing the Site. Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the Unites States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

DISCLAIMER

THE SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE AND IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION OR ADVICE IN OR FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

UNDER NO CIRCUMSTANCES, SHALL VIBE OR ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENCIES, ASSIGNS AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH VIBE (“RELEASEES”) BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE SITE, ITS FORUMS OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RELEASEES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

INDEMNITY

You agree to indemnify and hold the Vibe, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, agents and assigns and each of them harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Content, any third party applications, Software or Content you post or share on or through the Site (including through the Forums), your use of the service or the Site, your conduct in connection with the service or the Site or with other users of the service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

OTHER PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.