Terms Of Use

Last revised 28/4/2021
Welcome to Vibe. These Terms of Use are concluded between you and:

Vibe Dating Inc.
651 N Broad St., suite 206
Middletown, 19709 New Castle, Delaware

The terms (‘us’, ‘we,’ the ‘Company’ or ‘Vibe’) refer to Vibe Dating Inc.

1. Acceptance of User Agreement.

By creating a Vibe account, either through a mobile device, mobile application or computer
(collectively, the “Service”), you agree to (i) these Terms of Use and (ii) our Privacy Policy.

If you do not accept the terms of this Agreement and do not agree to be bound by the terms of
this Agreement, you should not use the Service. We may make changes to this Agreement and
the Service from time to time. We may do this for a variety of reasons, including to reflect
changes or requirements in the law, new functions, or changes in business practices. The most
current version of this Agreement will be posted on the Service tab in our Settings and also on
GetVibe.com, and you should periodically review the most current version. The most recent
version is the applicable version. If the changes are material changes that affect your rights and
obligations, we will provide you with reasonable notice of the changes in advance, such as by
giving notice through the Service or by email. If you continue to use the Service after the
changes take effect, you agree to the revised Agreement.

2. Eligibility.

You must be at least 18 years old to create an account on Vibe and use the Service. By
creating an account and using the Service, you represent and warrant that:

  • you can enter into a binding agreement with Vibe,
  • you are not a person who is prohibited from using the Service under the laws of the United States or any other applicable jurisdiction – which means that you are not on the US Treasury’s list of Specially Designated Citizens. Nationals) or is held back by a similar ban,
  • you will comply with this Agreement and comply with all applicable local, state, national and international laws, rules and regulations, and,
  • you have never been convicted of a felony or criminal offense (or a crime of comparable seriousness), a sexual offense, or a crime of assault and you are not required to register as a sex offender on a state, federal or local sex offender registry.

3. Your Account.

To use Vibe, you can log in with your Facebook credentials. If you do this, you give us the right
to access and use certain Facebook account information, including but not limited to your public
Facebook profile. For more information about the information we collect from you and how we
use it, please see our Privacy Policy. You are responsible for keeping the credentials that you
use to log in to Vibe confidential, and you are solely responsible for all activities that occur in the
name of those credentials. If you believe someone has accessed your account, please contact
us immediately.

4. Changing the Service and Termination.

Vibe is always striving to improve the Service and provide you with additional features that you will find interesting and useful. This means that from time to time we may add new product features or enhancements, as well as remove features, and if these actions do not materially
affect your rights or obligations, we do not need to notify you in advance of these actions. We may suspend the Service entirely, in which case we will notify you in advance unless extenuating circumstances, such as safety or security considerations, prevent us from doing so. You can terminate your account at any time and for any reason by following the instructions in the “Settings” of the Service. However, if you are using a third party payment account, you will
need to manage your in-app purchases through your mobile device platform (e.g. iTunes, Google Play) to avoid being charged extra. Vibe may terminate your account at any time, without notice to you, in the event that Vibe believes you have violated this Agreement. After such termination, you will not be entitled to any refund for in-app purchases. After your account is closed, this Agreement will expire, although the following terms will still apply to you and Vibe: Sections 4, Sections 5, and Sections 12-19.

5. Security; your interactions with other Members.

While Vibe strives to provide a respectful member experience through features such as the double opt-in, which allows members to communicate with each other only after expressing an interest in each other, it is not responsible for a member’s behavior in the Service or beyond. You agree to use caution when interacting with other members, especially when you choose to communicate outside of the Service or meet in person. You agree not to provide financial information (for example, your credit card or bank details), or to transfer or otherwise transfer money to other members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.
YOU UNDERSTAND THAT VIBE DOES NOT PERFORM CRIMINAL BACKGROUND
INVESTIGATIONS ON ITS MEMBERS OR OTHERWISE MAKE AN INVESTIGATION ON ITS
MEMBERS ‘BACKGROUND. VIBE MAKES NO REPRESENTATION OR WARRANTIES
ABOUT MEMBERS ‘CONDUCT.

6. Rights Granted to You by Vibe.

Vibe grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable and non-sublicensable license to access and use the Service. This license is for the sole purpose of enabling you to use the benefits of the Service as envisaged by Vibe and permitted under this Agreement. Therefore, you agree to:

  • not to use the Service or content in the Service for commercial reasons without our written permission;
  • not copy, modify, transfer, create derivative works, use, or use any copyright material, images, trademarks, trade names, service marks, or other intellectual property, content or sensitive information accessible through the Service, or to copy in any way, without the prior written consent of Vibe;
  • not to say or imply that any statements you make are supported by Vibe;
  • not use a robot, bot, spider, crawler, scraper, website finding / searching application, proxy or other manual or automatic device, method or process to view, retrieve or index data, to mine’, or reproduce or circumvent in any way the navigation structure or presentation of the Service or its content;
  • not to use the Service in a way that could interrupt, disrupt or have a negative effect on the Service or the servers or networks connected to the Service;
  • not to upload viruses or other malicious codes or otherwise affect the security of the Service;
  • not manipulate headers or otherwise manipulate identifiers to disguise the origin of information transferred to or through the Service;
  • not to “frame” or “mirror” any part of the Service without the prior written approval of Vibe;
  • not use any meta tags or code or other devices that contain references to Vibe or the Service (or any Vibe trademark, trade name, service mark, logo or slogan) to direct anyone to another website for any purpose;
  • not to adapt, alter, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, or allow others to do so;
  • not to use or develop any third party applications that work with the Service or the Content or information of other members without our written permission;
  • not to use, access, or publish the Vibe application programming interface without our written permission;
  • not to probe, scan or test the vulnerability of our Service or any system or network.
  • Not encourage or promote any activity that violates this Agreement.

The Company may investigate and take legal action in response to illegal and / or unauthorized
use of the Service, including termination of your account. You may automatically download or
install upgrades, updates or other new features of any software we provide to you. You can
control these automatic downloads by adjusting the settings of your device.

7. Rights You Grant to Vibe.

By creating an account, you grant Vibe a worldwide, transferable, sublicensable, royalty-free right and a worldwide, transferable, sublicensable, royalty-free license to information that you authorize us to access through Facebook, as well as any information you post, upload, display or otherwise make available (collectively referred to as ‘posting’) on the Service or transmit to other members (collectively referred to as ‘Content’), to host, store, use, copy, display,reproduce, adapt, edit, publish, modify and distribute. Vibe’s license to your Content is non-exclusive, except for derivative works created through the use of the Service. Vibe has an exclusive license for these works. For example, Vibe has an exclusive license to take screenshots of the Service that contains your Content. In addition, you authorize Vibe to act on your behalf with respect to infringing use of your Content through the Service by other members or third parties, so that Vibe can prevent use of your Content outside of the Service. This expressly includes the authority, but not the obligation, to send notices on your behalf in accordance with 17 U.S.C. § 512 (c) (3) (i.e. the so-called ‘takedown notices’ of the DMCA) if your Content is acquired and used by third parties outside the Service. Our license to your Content is subject to your rights under applicable law (for example, laws regarding the protection of personal data to the extent Content contains personal information as defined by those laws) and is for the limited purpose of managing, developing, providing and improving the Service and researching and developing new ones. You agree that any Content you post and authorize us to post on the Service may be viewed by other members and viewed by anyone accessing or participating in the Service (including people who access shared Content from other Vibe members receive). You agree that all information you submit after creating your account, including information sent from your Facebook account, is accurate and true and that you have the right to post the Content on the Service and to grant the license to Vibe. You understand and agree that we may monitor or review Content that you post as part of a Service. We may remove, in whole or in part, Content that we believe may violate this  Agreement or damage the reputation of the Service. When you interact with our customer service representatives, you agree to be respectful and friendly. If we believe that your conduct towards any of our customer service representatives or other employees is threatening or offensive at any time, we reserve the right to immediately close your account. In exchange for Vibe’s permission to use the Service, you agree that we, our affiliates and our third parties may post advertisements on the Service. By submitting suggestions or feedback to Vibe about our Service, you agree that Vibe may use or share such feedback, for any purpose, without reimbursing you for it. Please note that Vibe may access, store and disclose your account information and Content as required by law, by performing its agreement with you, or if we believe in good faith that such access, storage and disclosure is a legitimate interest serves to: (i) comply with legal process; (ii) to perform the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your customer service requests; or (v) protect the rights, property, or personal safety of the Company or another person.

8. Community Rules.

By using the Service, you agree to:

  • not to use the Service for any application that is illegal or prohibited by this Agreement
  • not to use the Service for harmful or criminal purposes
  • not to use the Service to harm Vibe
  • not spam, solicit or cheat members.
  • not to imitate or post images of another person or entity without his or her permission.
  • not to bully, “stalk”, intimidate, attack, harass, mistreat or defame anyone.• not to post Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract law.
  • not to post Content that could be classified as hateful, threatening, sexually explicit or pornographic.
  • not to post Content that incites violence, or contains nudity or raw or senseless violence.
  • not to post Content that encourages racism, bigotry, hatred or any form of physical harm against any group or individual.
  • Not to solicit passwords for any purpose, or to distribute personally identifiable information for commercial or unlawful purposes from other members, or to divulge anyone else’s personal information without his or her consent.
  • Not to use another member’s account, not share an account with another member, or have more than one account.
  • not to use another account if we have already canceled your account unless you have our permission.

Vibe reserves the right to investigate and / or terminate your account without refund of any
purchases in the event that you have breached this Agreement, misused the Service, or acted
in a manner that Vibe considers inappropriate or unlawful, including actions or communications
that take place on or off the Service.

9. Content from other Members.

While Vibe reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member posting it, and Vibe cannot guarantee that all Content will comply with this Agreement. If you see Content in the Service that violates this Agreement, please report it within the Service or via our contact form.

10. Purchases.

In general. From time to time, Vibe may offer products and services for sale (“in-app purchases”) through iTunes, Google Play, provider billing, direct billing from Vibe, or other billing and payment platforms approved by Vibe. If you choose to make an in-app purchase, you will be asked to confirm your purchase with the applicable payment provider and the amount will be charged to your payment method (your card or an external account such as Google Play or
iTunes) (your ‘Payment Method’ ) will be charged for the in-app purchase at the prices shown to you for the service (s) you have selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorize Vibe or the external account, if applicable, to bill you. If you purchase a recurring subscription that is automatically renewed through an in-app purchase, the subscription will be billed through your Payment Method until you cancel it. After your initial subscription period and again after each subsequent subscription period, your subscription will automatically continue for an equivalent period, at the price you agreed to when subscribing.

Automatic renewal; Automatic payment by card.Subscriptions are automatically renewed until you end or cancel the subscription. When you purchase a subscription, your Payment Method will be billed monthly in advance within 24 hours of the date of the first purchase at the price you agreed when you first purchased the subscription. Your card payment information will be stored and then used for automatic card payments in accordance with the Agreement. Any objection to a payment already made should be directed to customer service if you were billed directly by Vibe or the relevant third party
account, such as iTunes. You can also object by contacting your bank or payment provider, who can provide more information about your rights and applicable time limits. You can revoke your consent to automatic card payments at any time by going to the Settings on Vibe or the relevant external account, but please note that you are still required to pay any outstanding amounts. If you want to change or cancel your subscription, you must log in to your external account (or the Settings on Vibe) and follow the instructions to end or cancel your subscription, even if you deleted or canceled your account with us or deleted the Vibe application from your device. Your subscription to Vibe will not be terminated or canceled by deleting your account on Vibe or deleting the Vibe app from your device. Vibe retains all amounts charged to your payment method until you terminate or cancel your subscription to Vibe or the external account, as the case may be. If you terminate or cancel your subscription, you may use the subscription until the end of the subscription period in effect at that time and your subscription will not be renewed after that period ends.

Additional terms and conditions that apply if you pay Vibe directly through your payment method.

If you pay Vibe immediately, Vibe may correct any billing errors made by Vibe, even if payment has already been requested or the payment has already been received. If you initiate a chargeback or otherwise reverse a payment through your payment method, Vibe may terminate your account in its sole discretion. You can edit your Payment Method details from the Settings on Vibe. If a payment cannot be collected because your card has expired, insufficient funds are
available or for any other reason, and you do not edit your Payment Method details or terminate or cancel your subscription, you remain responsible for any uncollected amounts and you authorize us to continue billing the payment method if it is updated. This can lead to a change in the billing dates. In addition, you authorize us to obtain the updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. Payment terms are based on your Payment Method and may be determined through agreements between you and the financial institution, your credit card issuer or any other service provider of your chosen Payment Method. You agree that your payment to Vibe will be made through BeFound Media.

Super Likes and other virtual items.

From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use “Virtual Items”, including, but not limited to, “Super Likes” (collectively, “Virtual Items”). Any Virtual Items balance displayed in your account is not areal world balance and does not reflect a stored value, but is instead a measure of the size of your license. Virtual Items do not incur a charge for non-use, but the license granted to you in
Virtual Items will be terminated in accordance with the terms of this Agreement when Vibe ceases to provide the Service or your account is otherwise closed or terminated. Vibe reserves the right, in its sole discretion, to charge fees for the right to access or use Virtual Items and / or distribute Virtual Items with or without charge. Vibe can manage, regulate, monitor, modify or eliminate Virtual Items at any time. Vibe will not be liable to you or any third party in the event that Vibe exercises such rights. Virtual Items can only be redeemed through the Service. ALL PURCHASES AND REDUCTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service commencing immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT VIBE IS NOT OBLIGED TO PAY A REFUND IN RESPECT TO VIRTUAL ITEMS IN ANY EVENT, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED ACCOMPANYLY OR ACCIDENTLY, ACCIDENTLY OR CLOSED BY RULES.

Refunds. Generally, the cost of purchases is non-refundable, and there are no refunds or credits for partially used periods. We may make an exception to this if a refund is requested within fourteen days of the transaction date, or if applicable law in your jurisdiction allows refunds. Subscribers residing in the EU or European Economic Area are entitled, in accordance with local law, to a full refund during the 14 days after the start of the subscription without
providing a reason. Note: this 14-day period starts when the subscription starts. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE. To request a refund: If you subscribed using your Apple ID, refunds are processed by Apple, not Vibe. To request a refund, go to iTunes, click your Apple ID, select “Purchase History”, locate the transaction and click “Report Problem”. You can also send a request to https://getsupport.apple.com. If you have subscribed using your Google Play Store account or directly via Vibe: send an email to customer service quoting your order number for the Google
Play Store (you can find the order number in the order confirmation email or by logging in on Google Wallet) or Vibe (you can find the order number in the order confirmation email). You  may also send or provide a signed and dated notice stating that you, the purchaser, are canceling this agreement, or similar wording. Also include the email address or mobile phone number associated with your account, along with your order number. The notification must be
sent to: Vibe, Attn: Cancellations, Keizersgracht 241, 1016 EA, Amsterdam, The Netherlands.

If you exercise your right of cancellation (except purchases made through your Apple ID, which is managed by Apple), we will refund (or ask Google to refund) all payments received from you, without unnecessary delay and in any event within 14 days of the date on which we receive notice that you have decided to cancel the Agreement. We will issue such a refund using the same payment method used by you on the first transaction. In any case, you will not be charged as a result of the refund. You cannot cancel an order for delivery of digital content that has not been delivered on a physical medium if the processing of the order has begun with your express prior consent and confirmation that as a result you will lose your right to cancel. This applies, for example, to purchases of Virtual Items. This means that such purchases are FINAL AND NON-REFUNDABLE.

Prices.

Vibe operates worldwide and provides services to a diverse community of members. Our pricing structure may vary by region, subscription length, bundle size, recent in-app promotions and other factors. We regularly test new features and price points to provide members with more functionality and payment options if they choose to use them.

11. Notice and Process for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted to the Service in a manner that could constitute a copyright infringement, please provide our Copyright Officer with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyright work that you claim has been infringed;
  • a description of where the material that you claim has been infringed can be found on the Service (and such description should be reasonably sufficient to enable us to locate the allegedly infringing material);
  • your contact details, including address, telephone number and email address;
  • a written statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, issued under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Notice of claims of copyright infringement should be given to the Company’s Copyright Officer at copyright@getVibe.com or the following address:
Copyright Compliance Department c / o
Vibe Dating Inc. 
651 N Broad St., suite 206
Middletown, 19709 New Castle, Delaware

Vibe will terminate the accounts of members who repeatedly violate copyrights.

12. Disclaimers.

VIBE PROVIDES THE SERVICE ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, LEGAL OR OTHERWISE, WITH REGARD TO THE SERVICE. INCLUDING THE CONTENT CONTAINED HEREIN), INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SUFFICIENT QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VIBE DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE AND ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. VIBE IS NOT RESPONSIBLE FOR ANYCONTENT THAT YOU OR ANY OTHER MEMBER OR THIRD PARTY POST, SEND OR RECEIVE THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS USED AT YOUR SOLE DISCRETION AND RISK

13. Third Party Services.

The Service may contain advertisements or promotions provided by third parties and links to other websites or resources. Vibe is not responsible for the availability (or lack of availability) of such external websites or tools. If you choose to communicate with third parties through our Service, the terms of such party will govern their relationship with you. Vibe is not responsible or liable for the terms or conditions or actions of such parties.

14. Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIBE, ITS PARTNERS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, COPY, INCIDENTAL, PARTICULARLY INDIVIDUAL, DIRECTLY, DIRECTLY, INDIRECTLY, INDIVIDUAL, OR PENSIVE. INCURRED OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES AS A RESULT OF: (I) YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE BEHAVIOR OR CONTENT FROM OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR AFTER USING THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR MODIFICATION OF YOUR CONTENT EVEN IF VIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIBE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE, THE AMOUNT PAID, IF APPLICABLE, BY YOU PAID TO VIBE FOR THE SERVICE DURING ANY ACCOUNT OF 100, OR USD 100, AMOUNT IS HIGHER, EXCEED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Arbitration, Class Action Waiver, and Jury Trial Waiver.

Except for members residing within the European Union or the European Economic Area or elsewhere where prohibited by applicable law:

  1. The exclusive means of resolving any dispute or claim arising out of this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION. The only exception to the exclusivity of arbitration is that each party has the right to bring a separate claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, that the responding party may request that the dispute resolution be instead takes place in Small Claims Court if the claim falls within the jurisdiction of the Small Claims Court. If the request to stay the dispute resolution in Small Claims Court is made before an arbitrator isappointed, the arbitration will be administratively closed. If the request to stay the dispute resolution in Small Claims Court is filed after an arbitrator has been appointed, the arbitrator will determine whether the dispute resolution will be held in arbitration or will instead be resolved in Small Claims Court. Such arbitration should only be conducted in response to written
    submissions, unless you or Vibe elect to exercise the right to a hearing before an arbitrator. However, regardless of whether you choose to arbitration or small claims court, you agree not to bring, retain or participate in any class action, class arbitration, or other action or proceeding by
    any advocate against Vibe in any circumstances.
  2. By using the Service in any way, you agree to the above arbitration agreement. By doing so, YOU GIVE UP THE RIGHT TO GO TO A COURT to assert or defend any claims between you and the Company (except for matters that may be brought before a subdistrict court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER GROUP PROCEDURES. If you make a claim against Vibe out of small claims court (and do not request Vibe to move the claim to small claims court), your rights will be determined by a NEUTRAL ARBITER, NOT JUDGE OR JURY, and the arbitrator will determine all claims and all matters relating to the arbitration of the dispute. You are entitled to a fair trial before the arbitrator. The
    arbitrator can generally provide any relief that a court can provide, including the opportunity to hear a so-called ‘dispositive motion’ (which can be a dispositive motion based on the parties’ pleadings, as well as a dispositive motion based on the parties’ pleadings along with the evidence submitted), but keep in mind that arbitration proceedings are typically simpler and more streamlined than litigation and other legal proceedings. The arbitrator’s decisions are enforceable in court and can only be overturned by a judge for very limited reasons.
  3. Any proceeding to enforce this arbitration agreement, including proceeding to confirm, amend, or annul an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is found unenforceable for any reason, litigation against the Company (except for subdistrict court proceedings) can only be conducted in the federal or state courts located in Amsterdam, The Netherlands. You hereby irrevocably agree to submit to the jurisdiction of those courts for such purposes.
  4. The European Commission’s online dispute resolution platform is available at http://ec.europa.eu/odr. Vibe does not participate in dispute settlement proceedings through a consumer arbitration body for members residing in the EU or the European Economic Area.

16. Governing Law.

For members residing in the European Union, the European Economic Area or elsewhere, the laws of Amsterdam, The Netherlands, will apply to any disputes arising out of or in connection with this Agreement or the Service. To be clear, the choice of governing law of Amsterdam will not exceed mandatory consumer protection laws in jurisdictions.

17. Location.

Except for members residing in the European Union or the European Economic Area, who can bring claims in their country of residence in accordance with applicable law, and except for claims that can be heard in a local court of competent jurisdiction, all claims arising from or inconnection with this Agreement or the Service or your relationship with Vibe that are not submitted to arbitration for any reason in the federal or state courts of Amsterdam, The Netherlands. You and Vibe consent to the application of the personal jurisdiction of courts in Amsterdam and you waive any claim that such courts are inappropriate.

18. Indemnification by you.

You agree, to the fullest extent permitted by applicable law, to indemnify, defend and hold harmless Vibe, our partners, and their and our respective officers, directors, representatives and employees from any and all complaints, claims, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, arising out of, arising out of, or in connection with your access to or use of the Service, your Content or your breach of this Agreement.

19. Entire Agreement; other.

This Agreement, along with the Privacy Policy and any terms and conditions disclosed to you and accepted by you when purchasing additional features, products or services that we offer on the Service, contains the entire agreement between you and Vibe regarding the use of the Shift. If any provision of this Agreement is held invalid, the remainder of this Agreement will remain in full force and effect. Company’s failure to enforce or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. You agree that your Vibe account is non-transferable and all of your rights in your account and its Content will expire upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment relationship is formed as a result of this Agreement, and you may not make any representations on behalf of Vibe or bind Vibe in any way.