TERMS OF USE AGREEMENT

This agreement governs your use of the website operated by Vibe Labs, Inc. Additional Terms, Conditions and Privacy Policy may also be posted in such areas, and together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, are referred to as this "Agreement".

Changes to Policy

Vibe Labs reserves the right to change or modify all or part of this agreement, effective immediately upon notice published on this website. Your continued use of the website constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Vibe Labs as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the website.

Use of Content

You acknowledge that the website may contain information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Vibe Labs or third parties. All Content on the website is copyrighted as a collective work of Vibe Labs pursuant to applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the website. Users of the website may use the Content only for their legitimate evaluation of Vibe Labs products and may not be used for any unlawful purpose including violations of copyright law, trademarks or intellectual property laws as defined and administered in the United States of America.

You may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the website or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.

Indemnity

You agree to indemnify, defend and hold Vibe Labs and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Vibe Labs Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any Vibe Labs Party in connection with any Material or with use or alleged use of the website and its content. Vibe Labs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Vibe Labs' defense of such claim.

Copyright Policy

You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of Washington, without reference to principles of choice of law. You and Vibe Labs each irrevocably consent to the personal jurisdiction of the federal or state courts located in Bellingham, Washington with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the website, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances

Questions?

If you wish to change any information you have given us, or have any questions on our Privacy Policy, you can contact us at feedback@vibelabs.com.