Terms and Conditions
Terms and Conditions of Use
Welcome to Vibz!
These terms and conditions outline the rules and regulations for the use of Vibz.
Vibz is a social mobile app designed as a place for meeting new people, have discussions and share photos, news and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Vibz in a manner consistent with its purpose and which is in accordance with these terms and conditions. When we mention “Vibz”, we mean www.vibz-app.com, together with affiliated websites and applications.
The Terms constitute a binding legal agreement between you as user (“you”) and the Vibz (“we” or “us”).
The Terms apply whenever you visit Vibz, whether or not you have chosen to sign up with us, so please read them carefully. BY DOWNLOADING VIBZ, OR OTHERWISE ACCESSING, USING, REGISTERING FOR OR RECEIVING SERVICES OFFERED ON VIBZ YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS.
Do not continue to use Vibz if you do not agree to take all of the terms and conditions stated on this page.
Summary
- THESE TERMS AND CONDITIONS REQUIRE THE USE OF BINDING ARBITRATION TO SETTLE ANY DISPUTES BETWEEN YOU AND VIBZ, WHICH INCLUDES A WAIVER OF JURY TRIALS AND A CLASS ACTION WAIVER.
- If you are under the age of 18 then unfortunately you can’t use Vibz yet because it’s an app for adults only.
- We’re not responsible for anything that you post or say while you are on Vibz but if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it or block your account.
- If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not responsible or liable. You have to take responsibility for what you post.
- If you are concerned about how your data is being used by Vibz then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Vibz. By using Vibz, you agree that we can use such data in accordance with our Privacy Policy. Our website and apps also use cookies or similar technologies which we tell you more about here.
Usage of App and Content Rules
Vibz is a meeting place for adults. You may only use Vibz, including any of its features, or become a registered member if you are (i) 18 years old or older and (ii) be legally permitted to use Vibz by the laws of your home country.
You warrant that: (i) you have the right, authority and capacity to enter into and be bound by the Terms, (ii) all registration information you provide is accurate and complete, and (iii) that by using Vibz you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
Content and Message Rules
- contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- is obscene, pornographic, illegal or otherwise may offend human dignity;
- is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred, bigotry or otherwise unlawful;
- encourages any illegal activity including, without limitation, terrorism and inciting racial hatred;
- is defamatory;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam” or credit farming;
- impersonates a person, company or brand with the intent to deceive or confuse others;
- contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Badoo or otherwise;
- itself, or the posting of which, violates any law or infringes any third party’s rights (including, without limitation, intellectual property rights, rights of publicity and privacy rights);
- includes the image of another person where such Content was created or distributed without that person’s knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution;
- contains images of children, even if you are also in the photo, or endangers or harms minors, or;
- otherwise violates these Terms and Conditions or any guideline of Vibz.
Please use your common sense when picking the Content that you choose to post on, upload or send via Vibz because you are solely responsible for, and bear all liability in relation to, such Content. You agree that you will not develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate data or information from Badoo or its services, or otherwise copy profiles and other data from the services. If we determine, in our sole discretion, that you infringe our rules or violate the Terms, any Badoo user’s rights, or any third party’s rights, or if we are required to do so by applicable law, we may prevent you from using Badoo, we may disable your account or block you from further use of Vibz without notice and we may remove any such improper, infringing, or otherwise unauthorized Content you submit to Vibz.
Content Liability
We shall not be hold responsible for any content that appears on our app. You agree to protect and defend us against all claims that is rising on our App. You alone are responsible for what you share with other users in the app.
Services
Location feature
(1) The map in the app shows a selection of hotels nearby your current location. In the explore screen of the app we also show other places like restaurant and bars nearby your current hotel.
(2) Owners and/or operators of the shown places on the map are third parties (hereinafter: third-party), not Vibz. Vibz displaying information about places does not in any way imply, suggest or constitute any association of Vibz with such third-parties, or any affiliation between Vibz and third-party suppliers.
(3) The displayed information is based on publicly available sources like the official websites of the properties or Google Maps. This information may be outdated, inaccurate or incomplete. Vibz is not responsible for the accuracy or completeness of this type of information.
(4) If you visit a third-party venue or otherwise interact with such third-party, then in addition to this Agreement, third party terms and conditions of use, privacy policy and any other rules or policies may apply. Your interactions with third-party are at your own risk. Vibz has no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party or for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with third-parties.
(5) When you access information about third-party properties, you may encounter links to third party sites and/or apps or interact with third party content that Vibz does not operate or control. In addition, such third-parties may charge a fee for use of certain content or services. Vibz is in no way responsible or liable for any such third party sites or apps.
Security, scope and availability
(1). Vibz may modify the functionality and scope of the Vibz platform at any time.
(2). Vibz will make every reasonable effort to ensure that the platform is available to the greatest extent possible. The User acknowledges that there are downtimes due to maintenance and software updates as well as periods in which the service cannot be reached via the internet due to technical or other issues that are outside of the influence of Vibz (force majeure, fault of third parties, etc.).
(3). If Vibz learns of any failures or malfunctions of the platform, Vibz will attempt to remedy these as quickly as possible within regular working hours in Switzerland (Monday to Friday 09:00 am to 05:00 pm).
(4). To be able to use the Vibz platform to the full extent, the User must use the latest technologies or facilitate the use of these on his/her device, the latest (browser) technologies or facilitate the use of these on his/her computer (e.g. activation of JavaScript, cookies, pop-ups ) and an up-to-date Android or iOS version. Should older or not generally customary versions or technologies be used, it may be the case that the User may only use the platform services to a limited extent.
(5). If Vibz offers updates to the app, the User is strongly recommended to implement them as soon as possible. It is the User’s responsibility to install such updates within a reasonable period of time. If the User fails to do so, even though Vibz has advised the User of the availability of the update and the consequences of failure to install it, Vibz shall not be liable for any product defects resulting from failure to install the update. If the User is unable to carry out the installation properly on the basis of the information provided to him, he is obliged to inform Vibz of this immediately.
Paid Features
We currently don’t have any paid features.
Virtual Goods
Virtual goods are permanent or consumable virtual goods which the user can purchase via the website or in the apps.
Virtual goods are linked to a user account and the user cannot transfer virtual goods to other user accounts, unless the terms of the respective fee-based feature specifies otherwise.
With the acquisition of virtual goods, the user receives virtual goods linked to the user account.
Should the user delete or cancel his/her user account, the user shall irrevocably lose virtual goods.
Cancellation of the user account by the user
- The user can cancel his/her user account at any time without observing any notice period.
- The user can cancel his/her user account by deleting his/her user account. To delete his/her user account, he/she can find a corresponding „Delete Account“ option in his/her account settings in the mobile app.
- Should the user account be canceled or deleted by the user, all fee-based features included within it or activated there shall expire.
Cancellation of the user account by Vibz
Vibz can terminate the user account ordinarily without any notice period.
Obligations of the user
- The user shall define access data, his/her email address and/or mobile phone number and a password for his/her account. The user must select a secure password and not use the password for another service.
- The user is liable for all actions that have been carried out with his/her user profile. This access data may not be passed on to third parties, this includes spouses, life partners, relatives and friends. The access data must be kept safe from third-party access. Should there be reason to suspect that third parties have acquired this data, the access data must be changed immediately and the possible misuse reported to Vibz immediately.
- The user is responsible for regularly backing up his/her data.
- The user is responsible for checking the information provided by another user prior to interacting with him/her in the form of a chat conversation, a meeting outside of the Vibz platform or in some other way.
Infringement of the Terms of Use
Vibz can irreversibly remove User Content that infringes the terms. There is no entitlement to recovery of the information erased by Vibz. Vibz can report User Content that infringes criminal law to law enforcement agencies.
Should the user infringe these contractual terms, Vibz can, depending on the severity of the infringement,
(1) issue the user with a warning,
(2) temporarily block individual features of the Vibz platform for the user or the user account of the user,
(3) permanently block features of the Vibz platform for the user,
(4) permanently block the user account of the user or
(5) terminate the user account extraordinarily and ban the user from re-registering. Warning and blocking act as a written warning.
In determining the severity of the infringement, Vibz shall look at
(1) the previous behavior of the user (such as previous warnings) and the reasoning of the user,
(2) how other users are affected and the number of complaints about this user,
(3) and the violation of applicable law in an appropriate manner.
Should the user repeatedly infringe the Terms of Use in spite of sanctions, Vibz is entitled to extraordinarily terminate the user account without giving notice on important grounds.
Should the user commit a crime with his/her user account, Vibz is entitled to extraordinarily terminate the user account without giving notice and without prior warning on important grounds.
Should Vibz terminate the user account due to reasons for which the user is responsible, the user must compensate for any damage incurred.
Your Privacy
Please read the Privacy Policy.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our App and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
Changes to these Terms and/or the services
Vibz may change these Terms and/or the platform services, or any part of it, if these changes are objectively justified or necessary for legal or regulatory reasons. Such changes can be objectively justified for security reasons (e.g. in the event of technical developments or circumstances that may affect or endanger the provision of the services or systems in accordance with these Terms); to enhance existing features or add additional features to the platform; to reflect advancements in technology and to ensure the ongoing operability of the platform.
Updates necessary to maintain contractual compliance shall not be considered as a change to the platform.