VibeGlobe Terms of Service

Please read the following important terms and conditions (“Terms”) carefully. These Terms govern your access to and use of the Services (as described below), and constitute a binding legal agreement between you, as a user of the Services, and VibeGlobe. Your access to and use of the Services is conditioned on your compliance with these Terms. By creating an Account and accessing and/or using the Services, you agree to be bound by these Terms.

Services.

VibeGlobe provides an online platform (“Platform”) connecting individual users and donors, nonprofit organizations, and companies to the causes they care about in order to bring about change and facilitate fundraising for causes, and also allowing you to spread the word about causes you support through your accounts at social networking sites (collectively, the “Services”). Registration.

In order to access certain features of the Services, and to post Content (as defined below), you may be required to create a VibeGlobe account (“Account”). To create an Account you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You should notify VibeGlobe immediately of any unauthorized use of your password or your Account. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. By creating an Account you consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. VibeGlobe cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

In order for VibeGlobe to provide you with certain Services, for example, enabling you to link to or donate your status on social networking websites (such as Facebook or Twitter), you have the option of providing VibeGlobe with your username and password to various webmail accounts, social networking websites, and other accounts that you wish to link with your Account. VibeGlobe will only use these usernames and passwords to access your external accounts to the extent necessary to provide these enhanced Services and will otherwise keep your password confidential. You are still responsible for maintaining the confidentiality of your passwords and accounts and are fully responsible for all activities that occur under your usernames or accounts. You agree to immediately notify VibeGlobe of any unauthorized use of your passwords or usernames or any other breach of security. VibeGlobe cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Privacy.

When you use the Services, VibeGlobe will collect certain personally identifiable information from you as set forth in more detail in the VibeGlobe Privacy Policy http://www.vibeglobe.com/policy/privacy-policy, which is hereby incorporated by reference. When you use the Services, VibeGlobe has access to, and in many cases will monitor, your usage of the Services as you send and receive Content. By using the Services, you have indicated that you agree that VibeGlobe may collect, use and disclose information you provide during your use of the Services, as set forth in the Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.

Donations; Our Fees.

If you make a donation to an entity through the Services, VibeGlobe, or its third-party service provider authorized to accept payments on VibeGlobe’s behalf (such as Amazon) (the “Payment Processor”), will bill you through your Account and you authorize VibeGlobe or its Payment Processor to charge your chosen payment provider (your "Payment Method") for your donation. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). Except as otherwise provided below, after VibeGlobe or its Payment Processor charges your Account and processes your donation, the transaction is final and not subject to dispute. You are solely responsible for ensuring that you have selected the correct organization to donate to.

VibeGlobe or its Payment Processor will remit funds to the designated recipient immediately upon completion of the transaction through your Payment Method Provider, less a service fee for donations process through the Services. This fee will be posted on the payment processing page and is subject to change at any time in our discretion.

VibeGlobe makes no representation or warranty regarding the organization, purposes, or status of any nonprofit or other company soliciting donations through the Services, including whether an organization purports to be an “exempt organization” within meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the federal, state, or local tax consequences or treatment of any donation you make through the Services. It is your responsibility to verify the accuracy of any statements made by each individual organization soliciting donations through the Services.

You should notify your Payment Processor immediately if you become aware of a potential breach of security, such as a lost or stolen credit card linked to your Payment Method or the unauthorized disclosure or use of your membership profile. In such an event, you must submit any disputes regarding any charge to your Account in writing to the Payment Processor (not to VibeGlobe) within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the final discretion of the Payment Processor. You agree and acknowledge that VibeGlobe assumes no liability and shall not be responsible for the donation transaction process.

Content

All information, data, text, graphics, images, video, or other materials made available through the Services (“Content”) are the sole responsibility of the person from whom such Content originated. You are responsible for any Content that you post, upload and otherwise submit to the Services, including without limitation in your profile pages and the consequences of posting or publishing it. By submitting Content to VibeGlobe, you hereby grant VibeGlobe a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and VibeGlobe's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. By submitting Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize VibeGlobe to use all rights in and to any and all of your Content in the manner contemplated by the Services and these Terms.

In connection with Content, you further agree that you will not: (i) submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (ii) publish falsehoods or misrepresentations that could damage VibeGlobe or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. VibeGlobe does not endorse any Content or any opinion, recommendation, or advice expressed therein, and VibeGlobe expressly disclaims any and all liability in connection with any Content. You agree that you must evaluate and bear all risks associated with your use of or reliance on any Content and you understand that by using the Services, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. You also understand that VibeGlobe does not pre-screen or approve Content in advance. VibeGlobe reserves the right to decide whether Content is appropriate and complies with these Terms, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. VibeGlobe may remove such Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available Content or other materials that are believed to violate these Terms.

It is the policy of VibeGlobe to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to VibeGlobe by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may contact our Copyright Agent at support@vibeglobe.com.

Conduct Restrictions.

The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services: (i) upload, post, email or otherwise transmit (1) any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); or (2) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (ii) use the Services to collect or store personal data about other users without their express permission; (iii) knowingly include or use any false or inaccurate information in any profile; (iv) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any member or other user to the Services; (v) circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content; (vi) use any meta tags or other hidden text or metadata utilizing a VibeGlobe name, trademark, URL or product name; (vii) attempt to probe, scan or test the vulnerability of any VibeGlobe system or network or breach or impair or circumvent any security or authentication measures protecting the Services; (viii) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services; (ix) use the Services in any way that competes with VibeGlobe; or (x) encourage or instruct any other individual to do any of the foregoing.

Termination; Cancellation.

We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach these Terms, at our sole discretion and without prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that VibeGlobe will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. VibeGlobe will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, VibeGlobe will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.

You may terminate your Account at any time and for any reason by sending VibeGlobe notice. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by VibeGlobe. Any suspension, termination or cancellation will not affect your obligations to VibeGlobe under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Ownership of the Services; Licenses from VibeGlobe.

The Services and the Platform are protected by copyright, trademark, and other laws of the United States and foreign countries. VibeGlobe and its licensors exclusively own all right, title and interest in and to the Services and the Platform, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Platform. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services (“Feedback”) will be the sole and exclusive property of VibeGlobe and you hereby irrevocably assign to VibeGlobe all of your right, title, and interest in and to all Feedback.

Subject to your compliance with the terms and conditions of these Terms, VibeGlobe grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by VibeGlobe solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VibeGlobe or its licensors, except for the licenses and rights expressly granted in these Terms.

If you are a nonprofit organization or company posting Content about your organization on the Services for potential donors, VibeGlobe grants you a non-exclusive, nontransferable, revocable license to download and install one (1) copy of the Platform and any associated source code or documentation solely for internal use, for purposes of developing Content to be displayed on the Services. You may not: (i) copy, modify or distribute the Platform for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Platform to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Platform; (iv) make the functionality of the Platform available to multiple users through any means; or (v) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.

Third Party Websites.

The Services may provide links to third party websites or resources. You acknowledge and agree that VibeGlobe is not responsible or liable for the availability or accuracy of, and VibeGlobe does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Disclaimers.

Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. VIBEGLOBE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

VibeGlobe disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Content will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from VibeGlobe, will create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. VibeGlobe makes no representations as to whether all or any portion of any donation you make through the Services is tax deductable. VibeGlobe will have no liability for any claim by any federal or state tax authority with respect to the characterization by you or any user on each of the applicable federal tax returns.

Indemnity.

You agree to defend, indemnify, and hold VibeGlobe, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right, or (iv) if you are a nonprofit user, fraud or misrepresentation by you in connection with your status as a nonprofit entity.

Limitation of Liability.

IN NO EVENT WILL VIBEGLOBE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VIBEGLOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL VIBEGLOBE’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

Exclusions.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. General.

These Terms shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and VibeGlobe that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms shall constitute the entire agreement between you and VibeGlobe concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and VibeGlobe's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

VibeGlobe reserves the right, in its sole discretion, to modify, discontinue or terminate the Services at any time, or modify these Terms without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted on the VibeGlobe website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account. By continuing to access or use the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes.

If you have any questions about these Terms, please contact us at support@vibeglobe.com.

Last updated as of: December 1, 2009