Last Updated: April 2, 2019
as Vibrnz (“Vibrnz”). This is a legal agreement between you and Vibrnz LLC, (“Company,” “we,” “us”
By clicking the “I Agree” button on the account registration page or by using Vibrnz, you are agreeing
version available on this webpage and will indicate at the top of this page the date that revisions were last
Your use of Vibrnz after such posting will constitute acceptance by you of such changes.
NATURE OF VIBRNZ
Vibrnz is a Venue : Vibrnz provides a venue for people seeking services in the creative
arts (“Client Member”) to connect with people who want to provide those services
(“Service Member,” and collectively with Client Member, “Users”).
Company may perform a background vetting process on all of its Users and is
able to review screen content submitted by a User (“User Content”) at
Company’s discretion, including but not limited to User profiles and reviews.
Company has no control over and bears no responsibility for the accuracy,
reliability, completeness or timeliness of profiles, reviews, affiliations or other
User Content on Vibrnz.
Company further makes no representations about the Client Members or the
Service Members. You should make your own assessments of the persons you
decide to interact with, engage or provide services to.
Transactions are Solely between Users : Company is not involved in the transactions
between Users. Users arrange for the services solely between themselves, and Company
is not party to any of those arrangements. Company does not have control, supervise or
provide any training or equipment to the Service Members, and has no control over the
quality, timing, legality, failure to provide, or any other aspect whatsoever of the services
provided by Service Members.
Because we are not involved in user-to-user dealings and do not control the
behavior of Users, Users must resolve any issues, disputes or concerns directly
with each other, including any issues regarding payments to a Service Member or
services received by a Client Member. As further set forth in Section 12, you
agree to release Company from any claims or liability that may arise from any
disputes between you and other Users.
Company is not an Employer : Company is not a referral, matching or placement service
and does not provide, refer, place, offer or seek to obtain employment or engagements for
any of its Users. As such, Users are solely responsible (and Company is not responsible),
for any tax, withholding or reporting, including, but not limited to, unemployment
insurance, social security or payroll withholding tax or income reporting in connection
with any services provided by Users. You understand and agree that if Company is found
to be liable for any tax, withholding tax or reporting obligation in connection with any
services provided or received by you, then you will immediately reimburse and
indemnify Company for all costs, expenses and liabilities (including any interest and
penalties) relating to the same.
By requesting to use, registering to use, or using Vibrnz, you represent and warrant the following
Legal Age : You are an individual at least 18 years of age.
Below Legal Age : If you are not 18 years of age then you must have your parent or
provide any information to us.
Background or Verification Checks : Company may conduct background or verification
checks on its Users. We reserve the right to conduct such checks and to verify your
account and registration information and the representations and warranties you have
made, which may include, without limitation, our using third party service providers to
conduct criminal background checks or identify verification checks or to perform other
background or verification services, and, using available public records, including
information available on online social networks and other online sources, each to the
extent permitted by law.
User agrees to release Company and Company’s Affiliated Parties from any
claims regarding any misstatements and misrepresentations made by any Users of
Vibrnz. (“Affiliated Parties” means Company’s officers, directors, members,
agents, assignees, representatives, marketing partners, licensors, independent
contractors and employees.)
USE OF VIBRNZ
Registration and Account Information : When you register for Vibrnz, you will be asked
to create an account and to provide us with certain information about yourself (“Personal
Information”). Your Information will be used in accordance with Company’s Privacy
current and complete information in connection with your account registration, including
information provided through any online social platform used to register with Vibrnz.
Company may, either during or after the registration process, request further
information from you or use third party services to verify your account or
As a User, you are responsible for maintaining the confidentiality of your
password and account login, and you are solely responsible for all activities that
occur under your password or account. You agree to immediately notify us of
any unauthorized use of your password or account.
Personal Use Only : Your account is for your own personal use, and you may not permit
anyone else to use your account. Vibrnz is intended to be used by people who want to
find, select, review and connect with other Users so they can receive, provide or share
information about, creative arts services. Any use of Vibrnz for any other purpose,
including but not limited to using Vibrnz or information obtained from Vibrnz to solicit,
advertise to or contact Users for any other purpose is prohibited.
You may not transmit any chain letters, junk or spam e-mail to other Users, or
use any information obtained from Vibrnz to harass, abuse or harm another
person. To protect Users from such activity, we reserve the right to take
appropriate actions, including but not limited to terminating accounts or blocking
Users with certain IP addresses from accessing Vibrnz.
Use of Other Users’ Personal Information : You may from time to time receive Personal
Information of another User. For example, upon confirmation of a booking, Users will be
provided with each other’s contact information. Any Personal Information you receive
may only be used for the specific purpose it was provided to you in connection with
Vibrnz. Service Members may not contact Client Members, and Client Members may not
contact Service Members, for any purpose other than asking a question, providing
information, or making arrangements related to a booking on Vibrnz.
Prohibited Uses : You are prohibited from violating or attempting to violate any security
features of Vibrnz, including, without limitation:
Accessing content or data not intended for you or logging onto a server or
account that you are not authorized to access.
Attempting to probe, scan, or test the vulnerability of Vibrnz or to breach
security or authentication measures without proper authorization.
Interfering or attempting to interfere with service to any User, host or network,
including without limitation by means of malware, overloading, flooding,
spamming, mail bombing or crashing.
Using Vibrnz to send unsolicited e-mail, including without limitation,
promotions, or advertisements for products or services.
Forging any TCP/IP packet header or any part of the header information in any email or in any posting.
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source code
used by Company in providing Vibrnz. Any violation of system or network
security may subject you to civil and/or criminal liability.
Risk Assumption and Precautions : You assume all risk when using Vibrnz, including but
not limited to, all of the risks associated with any online or offline interaction with others.
You agree to take all necessary precautions when meeting other Users.
No Violation of Laws : Your use of Vibrnz must be in accordance with all applicable laws
Reporting of Violations : You agree to report to us promptly any violation of these Terms
of Use or any alleged improprieties of any Users. Contact information is provided in
Beta Features : From time to time, we may offer new “beta” features or tools with which
Users may experiment on Vibrnz. Such features or tools are offered solely for
experimental purposes and may be modified or discontinued at Company’s sole
Group Affiliations : Users may have the option to list certain school or local group
affiliations as part of their profile, and Company may add Users into these groups from
time to time. Unless expressly stated otherwise, Company is not affiliated with any of
these listed organizations nor does Company verify the User’s membership with such
USER CONTENT AND COMMUNICATION RULES AND GUIDELINES
As a User of Vibrnz, you may have the opportunity to post or transmit User Content, such as User profiles
(“Profiles”), reviews of Service Member (“Reviews”), and messages to other Users or on group forums.
You are solely responsible for any User Content you post on Vibrnz or transmit to other Users, and once
posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions : You will not post on Vibrnz, transmit to other
Users, communicate any content (including links to content), or otherwise engage in any
activity on Vibrnz, that:
Contains photographs or images of another person, unless you are that person’s
parent or legal guardian.
Contains others’ copyrighted content unless you have written permission from
the copyright owner.
Contains or discloses another person’s personal information without his or her
written permission, or collects or solicits another person’s personal information
for commercial or unlawful purposes.
Implies that the User Content is in any way endorsed or sponsored by Company.
Is implicitly or explicitly offensive, such as User Content that engages in,
endorses or promotes racism, bigotry, discrimination, hatred or physical harm of
Is intended to harass, annoy, threaten or intimidate any other Users of Vibrnz.
Is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually
oriented, or otherwise objectionable.
Involves the transmission of junk mail, chain letters, or unsolicited mass mailing
or spamming, phishing, trolling or other similar activities.
Contains any malware (including but not limited to viruses, time bombs, Trojan
horses, cancelbots, worms or other harmful, or disruptive codes, components or
Is off-topic, meaningless, or otherwise intended to annoy or interfere with others’
use of Vibrnz.
Uses scripts, bots or other automated technology to access Vibrnz.
Attempts to circumvent Company’s messaging tools or booking tools, or
attempts to avoid applicable Company fees.
Otherwise violates (i) the rights of third parties, including rights of privacy or
publicity, or (ii) violates applicable laws and regulations.
Content Removal : We may, but we have no obligation to, monitor User Content
submitted on Vibrnz, including Profiles, Reviews or other User Content. We may remove
any such information, and material that in our sole opinion either (i) violates, or may
be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users
or others, or (iii) is determined to be inappropriate for any other reason at the sole
discretion of Company.
Our Right to Use Your User Content : By posting User Content to Vibrnz, you grant, and
you represent and warrant that you have the right to grant, to Company, its Affiliated
Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute
such information and content and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize sublicenses of the
Review Guidelines : Client Members will have the opportunity to provide Reviews about
Service Members they have engaged. Reviews should not include any personal
information about a Service Member that is not disclosed in the Service Member’s public
Profile (for example, the Review should not include or reference a Service Member’s
address or phone number). Reviews should be limited to your firsthand experience (not
what you heard from someone else) and should be factually accurate. You should avoid
broad generalizations and exaggerations. If appropriate, you should update your Reviews
to reflect new experiences. As with other User Content, we reserve the right to remove
any Review that we feel, in our sole discretion, violates these guidelines.
By Company : Company may, in its sole discretion, for any reason or no reason, with or
without notice (i) terminate or suspend your account and your access to Vibrnz, and/or
(ii) remove your Profile and/or any content posted by or about you, from Vibrnz. Unless
otherwise decided by Company, such termination, suspension, and/or removal will be
effective immediately. Following any termination or suspension of any User’s account,
Company may send a notice of the termination or suspension to other Users you have
corresponded with. If your account has been terminated by Company, you may not reregister without Company’s consent (and if you are permitted to re-register, your
previous information and activity, including any fee credits, may no longer be available).
By User : As a User, you may terminate your account at any time by going to My Account
and then Settings and then clicking on “Deactivate my account.” You may re-register at
any time, but your previous information and activity, including any fee credits and any
User Content you may have created, may no longer be available.
Effect of Termination : Upon the termination of your account, you will no longer have
access to the portions of Vibrnz that requires account registration. If your account is
terminated, your Profile will no longer be displayed, but other User Content you have
posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our
sole discretion) remain on Vibrnz. Any User Content associated with your account after
your account’s termination may not be available to you if you re-register with Company.
If following the termination or cancellation of your account, you continue to access and
use other portions of Vibrnz, your use will continue to be governed by these Terms of
Use. In addition, regardless of your discontinuation to use or access Vibrnz, Sections 2, 3,
THIRD PARTY SITES
Use of Third Party Sites : Vibrnz may include links to other websites (including other
sites that are framed within Vibrnz) or applications, or functionality to connect with other
websites such as Facebook (each, a “Third Party Site”) or advertisements. We do not
control or endorse any Third Party Site or advertisements, and we are not responsible for
any content, product, advertising and other materials presented in or provided by such
Third Party Site or advertisement. Your use and access of a Third Party Site is at your
own risk, and is subject to the terms and conditions for such Third Party Site.
Service Provider : Marketplace payment processing services for Users on Vibrnz are
provided by third party companies (e.g., PayPal, Stripe) and not through Company
(“Payment Processor”). COMPANY HAS NO ABILITY TO CONTROL SUCH
PAYMENT PROCESSING SERVICES AND DISCLAIMS ANY AND ALL
LIABILITY RELATING THERETO.
you agree to be bound by Payment Processor’s Terms and Conditions, as the
same may be modified by Payment Processor from time to time.
Service Provider Failure : Company is not responsible for any malfunction, error, or
failure in payment processing between Users and Payment Processor. If a payment
processing dispute should arise, Users shall look solely to Payment Processor for
TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS
Company Contact : Users provide Company with their mobile phone number as part of
the registration process or in their account settings. Users who provide Company with
their mobile phone number may receive text message communications from Company on
their cellular phones and/or mobile devices. By providing Company with your mobile
phone number, you consent to Company sending text messages to your cellular phone
and/or mobile device. Company does not charge for sending text messages, but your
carrier may charge you.
Users of Company's mobile applications may have the option to receive push
notification alerts from Company. If push notification alerts are available, you
will be given an option to consent to receiving them after you download the
application. You may also adjust your push notification settings after you have
downloaded the application in your mobile device settings.
INTELLECTUAL PROPERTY RIGHTS
Copyright : All materials on Vibrnz other than User Content are owned by Company. You
may not use these materials except as we give you written permission to do so.
Trademarks : The service marks, trademarks, and logo are owned by Company. Any other
trademarks, service marks, logos and/or trade names appearing on Vibrnz are the
property of their respective owners. You agree that you recognize the rights of Company
and the respective third parties in those marks. You may not copy or use any of these
marks, logos or trade names without the written permission of the owner.
Ownership and Use : Company retains ownership of its intellectual property rights and
you have no rights to Company’s intellectual property or Company’s rights in its
intellectual property. Except to the extent you are actually reading materials on Vibrnz
(or downloading or printing such materials for your personal reference), you have no
right to use, copy, display, perform, create derivative works from, distribute, have
distributed, transmit or sublicense from materials or content available on Vibrnz, other
than User Content you create.
Your Content : Other than the non-exclusive license granted to Company with respect to
User Content (described in Section 4.3), Company will not acquire any ownership
interest in the User Content you post.
DIGITAL MILLENNIUM COPYRIGHT ACT
Digital Millennium Copyright Act Notice : If you believe that your copyrighted work has
been copied in a way that constitutes copyright infringement and is accessible on Vibrnz,
please contact us and also notify our designated agent (“DMCA Agent”), as set forth in
the Digital Millennium Copyright Act of 1998 (17 U.S.C. §512).
Company may remove content that, in its sole discretion, appears to infringe the
intellectual property rights of others. In addition, Company, in its sole and
absolute discretion, may terminate the accounts of Users who infringe the
intellectual property rights of others.
If you believe any materials on Vibrnz infringe your copyright, you may request
removal of those materials from Vibrnz by contacting Company’s DMCA Agent
(identified below) and providing the following information:
Identification of the copyrighted work that you believe to be
infringed. Please describe the work, and where possible include a
copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its
location. Please describe the material and provide us with its URL or
any other pertinent information that will allow us to locate the
Your name, address, telephone number and (if available) e-mail
A statement that you have a good faith belief that the complained of
use of the materials is not authorized by the copyright owner, its
agent, or the law.
A statement that the information that you have supplied is accurate,
and indicating that “under penalty of perjury,” you are the copyright
owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or
DMCA Agent : Company’s DMCA Agent is: Mrinalini Ayachit
If any disputes or disagreements arise between a Client Member and a Service Member relating to the
services provided by Service Member or payments made by or due from Client Member, the Client
Member and Service Member are responsible for resolving any such disputes directly with each other.
Company will not be a party to any such dispute, and Company will not be obligated to take any action
toward resolving the dispute.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF
COMPANY AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES
UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
“As-Is” Basis : Company provides Vibrnz on an “as-is” and “as-available” basis. YOUR
USE OF VIBRNZ IS AT YOUR OWN DISCRETION AND RISK.
No Warranties; Release : Company grants no warranties of any kind, whether express or
implied, statutory or otherwise with respect to the Users or Vibrnz (or any information
contained in Vibrnz). Company does not grant any implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. COMPANY DOES NOT
WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY
INFORMATION AND MATERIALS ON VIBRNZ OR PROVIDED OR OBTAINED
IN CONNECTION THEREWITH. Company does not warrant that your use of Vibrnz or
that information on Vibrnz will be secure, uninterrupted, error-free, available, accurate,
or that any defects in Vibrnz will be corrected. Company makes no warranties about the
connectivity and continued availability of Vibrnz.
YOU AGREE TO RELEASE COMPANY AND ITS AFFILIATED PARTIES FROM
ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF
EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH (I) YOUR USE OF VIBRNZ, OR (II) ANY CLAIM
OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU
AND OTHER USERS.
User Content : Company makes no claims or promises about (i) the opinions, advice,
statements, reviews, or other information or content made available on Vibrnz by Users,
or (ii) the accuracy, completeness, or usefulness of any information on Vibrnz.
Limitation of Liability : IN NO EVENT WILL COMPANY OR ITS AFFILIATED
PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,
INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,
AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF
YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF VIBRNZ,
INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL
DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I)
INTERACTIONS WITH OTHER USERS OF VIBRNZ, WHETHER ONLINE OR
OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON VIBRNZ OR TRANSMITTED TO OR BY ANY USER OF VIBRNZ,
AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY
No Consequential Damages : YOU AGREE THAT NEITHER COMPANY NOR ITS
AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III)
BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR
(V) LOSS OF INFORMATION OR DATA.
Maximum Liability : WITHOUT LIMITING ANY OTHER PROVISION IN THESE
FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH VIBRNZ, OR
IF ANY, BY YOU TO COMPANY IN CONNECTION WITH VIBRNZ IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Sole and Exclusive Remedy : Your only right and remedy in case of dissatisfaction with
Vibrnz or any other grievance shall be your termination of your account.
You agree to indemnify, defend and hold harmless Company and its Affiliated Parties from and against
any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by
Company and its Affiliated Parties in connection with any claim by a third party (including an intellectual
property claim) arising out of (i) your use or misuse of, or inability to use, Vibrnz, (ii) any materials and
violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, or
(v) your violation of any applicable law, rules or regulations. You agree that you will cooperate as
reasonably requested by Company in the defense of such claims. Company and its Affiliated Parties
reserve the right, at their own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by Users.
DISPUTE RESOLUTION AND MEDIATION
resolved by the parties in good faith after making the best effort for a period of not less
than 15 days, shall first be submitted to mediation with a neutral mediator agreed upon by
the parties, with the cost of the mediator to be borne equally by them.
If a dispute cannot be resolved through mediation, the parties agree to submit to
binding arbitration with a neutral arbitrator mutually agreed upon by the parties.
The cost of binding arbitration will be borne by the parties equally.
In the event the parties are unable to mutually agree upon an arbitrator, we have
the exclusive right to select the arbitrator. The place of arbitration shall be the
state of New Jersey and New Jersey law shall apply. The parties further agree
that the parties will perform any award rendered by the arbitrator, and that a
judgment of any court having jurisdiction may be entered on the award.
claim, cause of action or dispute that might arise between you and Company, without
regard to conflict of law provisions. For any such claim, cause of action or dispute, you
agree and consent to the exclusive jurisdiction and venue of the state and federal courts of
the State of New Jersey.
making either party the partner, joint venture, agent, legal representative, employer,
contractor or employee of the other.
provision will be modified to reflect the parties’ intention, and all remaining provisions of
Company regarding the use of Vibrnz and supersedes any prior agreement between you
and us on such subject matter. The parties acknowledge that no reliance is placed on any
Contact Information : If you have any questions or need further information as to Vibrnz,
or need to notify Company as to any matters relating to Vibrnz, please contact Company
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