Terms and Conditions
Introduction
These Terms of Service ("Terms") govern your access to and use of the Good Vibes app (“Good Vibes” or the “Service”). Please read these Terms carefully and contact us if you have any questions. By downloading or using Good Vibes, you agree to be bound by these Terms, our Privacy Policy.
Our Service
Good Vibes is committed to providing you with a feed full of positive content. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.
Using Good Vibes
You may use Good Vibes only if you can legally form a binding contract with Good Vibes, and only in compliance with these Terms and all applicable laws. When you create your Good Vibes account, you must provide us with accurate and complete information. You can’t use Good Vibes if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the European Economic Area (“EEA”), you may only use Good Vibes if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Good Vibes has been provided to us. Using Good Vibes may include downloading software to your phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
License
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
Content
Good Vibes allows you to post content, including photos, videos, comments, links, and other materials. Anything that you post or otherwise make available on Good Vibes is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Good Vibes. You grant Good Vibes and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, save, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Good Vibes solely for the purposes of operating, developing, providing, and using Good Vibes. Nothing in these Terms restricts other legal rights Good Vibes may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Good Vibes, for any reason. This includes User Content that we believe violates these Terms. Even if you terminate your account or remove User Content, we reserve the right to keep your User Content for a reasonable period of time. Good Vibes and its users may retain and continue to use, save, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Good Vibes. User feedback is incredibly important to us. Good Vibes is committed to adapting to what our audience wants, and we are always interested in learning about ways we can make Good Vibes better. If you choose to submit comments, ideas or feedback (both through the comments section on posts and through the bug reporting interface), you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Good Vibes doesn’t waive any rights to use similar or related feedback previously known to Good Vibes, or developed by its employees, or obtained from sources other than you.
Security
We care about the security of our users. While we work to protect the security of your content and account, Good Vibes can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. If you believe your account has been compromised, contact us immediately and try resetting your password.
Third Party Services
Good Vibes may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Good Vibes. While we work to make sure our advertisers and affiliates are thoroughly vetted, we don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Good Vibes, you do so at your own risk and you agree that Good Vibes has no liability arising from your use of or access to any third- party website, service, or content.
Termination
Good Vibes may terminate or suspend your right to access or use Good Vibes for any reason on appropriate notice. There is absolutely zero tolerance for posting objectionable content or abusing our service. We may terminate or suspend your access immediately and without notice if we have a good reason, especially if you post objectionable content.
Disclaimers
Our Service and all content on Good Vibes is provided on an "as is" basis without warranty of any kind, whether express or implied. Good Vibes specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Good Vibes takes no responsibility and assumes no liability for any User Content that you or any other person or third-party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOD VIBES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL GOOD VIBES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Good Vibes’ liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Good Vibes isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
Governing laws and jurisdiction
These Terms shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Collier County, Florida, or the United States District Court for the Middle District of Florida and our dispute will be determined under Florida law. If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
General Terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Good Vibes after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Good Vibes. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Good Vibes without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you’re a consumer in the EEA, either you or Good Vibes may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by Good Vibes, you are entitled to terminate the agreement with immediate effect by deactivating your account. Good Vibes will provide you with reasonable notice of any such assignment. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Good Vibes shall constitute the entire agreement between you and Good Vibes concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Good Vibes’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Effective May 1st, 2020