TERMS OF USE

These Terms of Use, along with the Privacy Policy (“Policy”) govern your use of TheVibe’s website, and services such as software, data feeds, email newsletters and associated services provided to you on, from, or through such website (“Services”) and content appearing in the Services (“Content”). This Policy is a legal and binding policy between you and Gut & Flow Media Private Limited (“TheVibe”, “we”, “us” or “our” hereinafter). Our Privacy Policy forms an integral part of this Policy. By accessing, using or contributing to the Services, you are acknowledging that you have read and understood this Policy(including our Privacy Policy), consenting to become a party to this Policy and agreeing to be bound by and comply with the terms and conditions herein. If, for any reason, you do not accept and agree to all the terms and conditions of this Policy, please do not access or use the Services in any manner. For purposes of this Policy, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services. 

ELIGIBILITY

The Services are intended to be offered and made available only to users 18 years of age or older. By accessing and using the Services, you certify to us that you are atleast 18 years old. If you are not yet 18 years old, please stop accessing or using the Services immediately.

RESTRICTIONS

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not: (i) take any action that imposes or may impose (as determined by us at our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Policy, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services that: (i) infringes any intellectual property, proprietary rights or confidentiality obligations of others; (ii) does not belong to you; (iii) you know is false, misleading, untruthful or inaccurate or that could damage us or any third party; (iv) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (v) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another\’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner, as determined by us in our sole discretion; (vi) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services, as determined by us in our sole discretion; (vii) constitutes unauthorized or unsolicited advertising, junk or bulk messages (“spamming”); (viii) harms minors in any way; (ix) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (x) impersonates any person or entity, including any of our employees or representatives; (xi) includes anyone’s identification documents or sensitive financial information; or (xii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

AVAILABILITY

We do not guarantee that any Content will be made available in or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, refuse to distribute, edit, modify or otherwise manipulate any Content at our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Policy), or for no reason at all, and (ii) to remove or block any Content from the Services. We will make reasonable efforts to keep the Services operational. However, certain technical difficulties, routine site maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that we shall not be liable to you or any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Services.

LOGIN

Certain features of the Services such as posting or submitting comments, information and feedback in the Services requires login through third party ID (such as Facebook, Twitter and Google). By logging in through third party ID, you permit us to access certain information from your profile (such as name, email address etc.) for use by the Services in accordance with our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

All right, title and interest in the Services including the Content in and to the Services are and will remain the exclusive property of TheVibe and/or third parties (as applicable). The Services including the Content are protected by copyright, trademark and other laws of Republic of India and other countries. We reserve all rights including those not expressly written in this Policy. Content available through the Services may be viewed and used for your personal, non-commercial use only. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or the Content, and we reserve all rights not expressly granted hereunder. We do not permit copyright infringing activities and infringement of intellectual property rights on or through the Services, including the Content. We request that you will promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Services (including the Content) or our patent, copyright, trade secret, trademarks or other intellectual property rights. You agree that you will not, and you will not encourage, assist or authorize any other person to, directly or indirectly, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Services or the Content. You further agree that you will not, and will not enable others to, except as expressly permitted hereunder, (i) copy, reproduce, decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of or underlying ideas or algorithms of any part of the Services (including without limitation any application), (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) the Services or the Content, or any part thereof, without express prior written consent from us (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Services). You further agree not to make use of the Content in a manner that would infringe the copyright therein. Any attempt to do so is a violation of our rights. You agree to abide by the rules and policies established from time to time by us. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Services, and may include, for example, required or automated updates, modifications, and/or reinstallations of mobile applications and obtaining available patches to address security, interoperability, and/or performance issues. You also acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.

REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your copyright work has been copied and posted in the Services in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, by sending email to now@thevibe.me. We will take appropriate action as mandated under applicable laws, including the Information Technology Act, 2000 (including the Rules framed thereunder). We will remove the Content upon receipt of an infringement claim if we believe in good faith that it is likely that the subject Content is infringing intellectual property right of any third party.

DISCLAIMER REGARDING THIRD PARTY LINKS

Our Services may include links to other websites and mobile applications that are owned and operated by third parties. These third party websites and mobile applications may contain information which some people consider inappropriate or offensive. You acknowledge that these third party websites and mobile applications are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party websites and mobile applications. You should contact the administrator for those third-party websites and mobile applications if you have any concerns regarding such links or the content located on such websites and mobile applications. Your use of those third-party websites and mobile applications is undertaken at your own risk, and is subject to the terms of use and privacy policies of each website and mobile application. We include third party links or references merely as a convenience to our users, and we do not endorse nor assume any liability for the third party websites and mobile applications, services, or products.

DISCLAIMER REGARDING CONTENT

Our Services may include Contentwhich may be offensive, harmful, objectionable, indecent, unlawful, inaccurate or inappropriate. We do not endorse any Content, and the same does not reflect our opinions or policies. We may, but are not required to, monitor Content, restrict or remove Content, and suspend or delete a user account that we determine at our sole discretion is inappropriate or for any other reason. Under no circumstances do we assume any responsibility or liability whatsoever for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such Content. Any use or reliance on any Content by you through the Services is at your own risk.

DISCLAIMER OF WARRANTIES

You expressly agree that use of and access to the Services or any Content is at your sole risk. The Services are provided on an “as is” and an “as available” basis. We do not make, and hereby disclaim, any representations or warranties regarding the Services. Content offered through the Services or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, or any warranties arising by course of dealing or custom of trade. We make no representation or warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, error-free, virus-free, or otherwise secure basis.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, neither we, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this Policy or your use of the Services or any Content, regardless of the form of action or the basis of the claim or whether or not we have been advised of the possibility of such damages.

INDEMNITY

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Policy and/or (b) your use of the Services. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

CHOICE OF LAW AND CONSENT TO JURISDICTION

This Policy is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in Mumbai, India with respect to all disputes arising out of or relating to the Services. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).

TERMINATION/CANCELLATION

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this Policy which by their nature should survive termination shall survive termination, including, without limitationownership provisions, warranty disclaimers, indemnity and limitations of liability.

OTHER IMPORTANT PROVISIONS

Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. You shall not use the Services in any manner contrary to local, state or national law. We expressly disclaim any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law. Our performance of this Policy is subject to existing laws and legal process, and nothing contained in this Policy is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. If any part of this Policy is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Policy shall continue in effect. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Policy . You may not assign your rights under this Policy without our prior written permission and any attempt by you to do so shall be void from inception. This Policy, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire policy between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Policy. A printed version of this Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CHANGES TO THIS POLICY

We reserve the right to revise this Policy at our sole discretion without prior notice and at any time. The latest Policy will be posted here. By continuing to use the Services after changes are made, you agree to be bound by the revised Policy .