Terms of Service

TEAMVIBE TERMS OF USE

v.1

Effective Date: 1 August 2019

Your acceptance of these Terms is required in order for you to access and use the Teamvibe Solution. By registering with Teamvibe, or by using the Teamvibe Solution in whole or in part, you are entering into a legally binding agreement with us. Please read these Terms carefully. If you do not agree to these Terms, you cannot use the Teamvibe Solution. We reserve the right at our discretion to propose modifications to these Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. Your continued use of and access to the Teamvibe Solution after notice of such modifications indicates your acceptance of and agreement to the modified Terms. If you violate any of these Terms, your permission to use the Teamvibe Solution automatically terminates, unless such violation is waived by us in writing in our sole discretion.

You acknowledge that use of the Teamvibe Solution requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider. It is your responsibility to obtain at your cost all equipment, software and internet access necessary to use the Teamvibe Solution.

DEFINED TERMS

“App”: the Teamvibe smartphone application available for download on third party application stores such as iTunes and Google Play.

“Commercial Use”: any commercial activity, including: (a) charging for access to the Service or Content or for the Service’s functionality or data directly or indirectly; (b) utilizing the Service in any commercial website or application or in support of any commercial for-profit activity, or in support of the operations of any for-profit business; (c) advertising, or soliciting any Teamvibe User to buy, adopt or sell any products or services not offered by us; and (c) emulating or framing the Site or Service or passing it off as your own.

“Content”: messages, documents, edits, variations, images, graphics, photos, video, audio, messages, polls, queries, posts, comments, signals, votes, ratings, rankings, and any other text, content, information or data, including personality and profile data, created, derived from or accessible via use of the Teamvibe Solution, or otherwise made available by and to Teamvibe Users, including any of the foregoing provided by a Teamvibe User or by us.

“Teamvibe”: Teamvibe, LLC, a limited liability company organized under the laws of Delaware, USA. In these Terms, Teamvibe is referred to by “us”, “we” or “our”, as applicable.

“Teamvibe Solution”: the App, the Site and the Services.

“Teamvibe User”: you and any other user of the Teamvibe Solution.

“Non-Commercial Use”: any activity that is not Commercial Use, including personal, individualized use by a single person for that person’s own benefit.

“Services”: the services, features, application programming interfaces (APIs), and functionality accessible via use of the Site and the App, including functionality for the organization, discovery and communication of information between Teamvibe Users, and the provision, modification, display, and management of Content.

“Site”: Teamvibe.com and any web pages that are a part of Teamvibe.com.

“Terms”: these Terms of Use and the Teamvibe Privacy Policy (www.teamvibe.com/privacy), as may be modified from time to time.

“You” or “your”: the individual using the Teamvibe Solution, or clicking “accept” or “agree” where indicated, and thereby becoming bound by these Terms, and the company or other legal entity represented by such individual or for whom such individual uses the Teamvibe Solution, and all affiliates thereto.

1.0 ACCESS AND LICENSED RIGHTS

1.1 Teamvibe Solution Access.

Subject to your compliance with these Terms, we hereby grant to you, solely for your own Non-Commercial Use, access to the Teamvibe Solution and the right to use, reproduce and display Content as permitted by the Teamvibe Solution. Access and rights to the App are as set forth in the end user license terms made available on the App distribution site or service (“EULA”). Breach of the EULA will result in automatic termination of your access to the Teamvibe Solution and Content, unless waived by us in writing in our sole discretion.

1.2 Commercial Use.

You may not use the Teamvibe Solution for any Commercial Use except as separately agreed between us in a signed writing. Such activity is not licensed or authorized under these Terms and if undertaken may result in pursuit of all available remedies for intellectual property rights (including copyright infringement), the availability of which you hereby acknowledge in the event of breach of these Terms or the EULA.

1.3 Teamvibe User Licenses to Us.

You and each Teamvibe User hereby grant to us the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, non-exclusive right and license to use, reproduce, modify, create derivative works of, perform, display and distribute without restriction (including via any medium) Content, in whole or in part, for commercial and non-commercial purposes, including for purposes of providing, developing, improving, making available (including via public search engines), promoting and marketing the Teamvibe Solution. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, benchmarks, requirements, suggestions, criticisms, improvements, recommendations, ideas, and error corrections provided by you to us relating to the Teamvibe Solution.

1.4 Reservation of Rights.

No other right or license to the Teamvibe Solution or Content is provided, and no other license will be implied, by course of conduct or otherwise. We grant no right or license with respect to our patents. Each Teamvibe User retains all right, title and interest in and to such Teamvibe User’s Content, and all associated intellectual property rights, subject to these Terms. Subject to these Terms, we retain all right, title and interest in and to the Teamvibe Solution and our Content, and all associated intellectual property rights. Except as expressly authorized by these Terms, you will not use, reproduce, or distribute Content not authored by you. The user interface, user experience, icons, presentation layer and elements, terminology, gamification, reports, layouts, and screen displays of or generated by the Teamvibe Solution are our copyrightable content, our trade dress and our trademarks and servicemarks, and will not be reproduced, distributed, or displayed except, and are licensed to you solely, for your internal use in accordance with these Terms, and not for external use or exploitation.

2.0 TERMS APPLICABLE TO CONTENT

2.1 Specific Prohibited Uses.

You will not (a) use the Teamvibe Solution in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content; or (b) delete, obscure, or in any manner alter any message, warning or link that appears in the Teamvibe Solution or the Content. Teamvibe Users may not use any information obtained from the Teamvibe Solution to advertise to, solicit, or sell to any other user without his or her prior explicit consent.

2.2 Handling of Your Content.

The App temporarily stores your Content in a manner such that deletion or malfunction of the App or malfunction of the Device on which the App is installed may result in the permanent deletion of your Content. Content is not uploaded and stored on our servers until the Content is uploaded via the upload mechanism in the App. We may at any time filter, alter, modify, or delete such Content in whole or in part before making it available on the Site and via the Service in our sole discretion, including in order to render the Content suitable for use with the Teamvibe Solution. You hereby waive any moral, neighboring or other rights you may have (including rights in the nature of attribution, integrity, privacy, paternity, and rights to object to derogatory treatment) in your Content that would otherwise preclude us from filtering, altering, deleting, or using, copying or distributing, in accordance with these Terms, your Content. You acknowledge and agree that we may continue to store, display and otherwise exercise the rights set forth in section 1.3 above with respect to your Content even after termination, deactivation, or archiving of your account.

2.3 Propriety of Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the Teamvibe User from which such Content originated. No Teamvibe User will transmit Content or otherwise conduct or participate in any activities on or via the Teamvibe Solution which, in our sole judgment, is likely to be prohibited by law, or is violative or in breach of third party rights in any applicable jurisdiction, including without limitation laws governing libel and defamation, encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content, or otherwise engage in any activity in connection with the Teamvibe Solution, that (a) is hateful, offensive, racist, bigoted, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) constitutes infringement of the intellectual property rights of any party, including rights to the use of name and likeness, or violation of a right of privacy; (d) creates an impression that is incorrect, misleading, or deceptive, including without limitation by impersonating others or by otherwise misrepresenting identity or affiliation with a person or entity; or (e) divulges other people’s private or personally identifiable information without their express authorization and permission. You represent and warrant that you have all necessary right and license to post your Content, and that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential or privileged, and is not in violation of third party rights. We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of Teamvibe, Teamvibe Users and/or the public.

2.4 Use of Content.

Each Teamvibe User, by using the Teamvibe Solution, may be exposed to Content that is offensive, indecent, objectionable, illegal, infringing, false or erroneous. Each Teamvibe User must evaluate, and will bear all risks associated with, the use of any Content and the engagement with any other Teamvibe User, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content or the purported identity of any Teamvibe User. We may refuse or delete any Content, including Content of which we become aware that fails to fulfill the purpose of the Teamvibe Solution, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors, inaccuracies, or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We will have no obligation or liability to you or any Teamvibe User to maintain, store, or license Content, protect and maintain Content owners’ intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use Content, your failure to comply with these Terms, or for any act, omission, or conduct of any Teamvibe User.

2.5 Third Party Sites.

The Teamvibe Solution, Content, Teamvibe Users, or a third party may provide links to other websites or login access via such links. Such links will not be construed as an endorsement, sponsorship, or affiliation by us. We exercise no control over such other websites and web-based resources and are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. We will not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection such other sites and resources.

2.6 Other Teamvibe Users.

You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Teamvibe Solution. You are solely responsible for your interactions with other Teamvibe Users. You understand that we do not conduct criminal, credit or other background checks or any other screening or filtering of Teamvibe Users and we do not verify the statements of Teamvibe Users. We reserve the right to conduct any criminal background check or other screenings, at any time and using available public records.

3.0 SIGN-ON CREDENTIALS

3.1 Sign-On Credentials.

When creating an account, you represent and warrant that you have never been convicted of a felony. You will receive or will be permitted to create or use existing online user name and password information (“Sign-On Credentials”), and are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring under such Sign-On Credentials. You will not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You will immediately notify us at privacy@Teamvibe.com of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from a Teamvibe User’s failure to comply with this section or from unauthorized use of the Sign-On Credentials.

3.2 Change of Username.

We may require you, as a condition of membership, to change your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

3.3 Accuracy of Provided Information.

You represent and warrant that all information that you submit upon creation of your account and via your use of the Teamvibe Solution, including information submitted from your LinkedIn account, is accurate, complete and truthful, and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.

4.0 SITE INTEGRITY

4.1 Prohibited Uses.

You will not use the Teamvibe Solution in any manner that could damage, disable, overburden, or impair any Teamvibe-controlled server, or the network(s) connected to any such server, or interfere with any other party’s use and enjoyment of the Teamvibe Solution, including without limitation falsifying or altering Content posted by others except via normal and intended operation of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, including through hacking, password mining or any other means, or exploit bugs or vulnerabilities in the Teamvibe Solution. You are prohibited from violating or attempting to violate any security features of the Teamvibe Solution, including, without limitation: (a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Teamvibe Solution, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any Teamvibe User, user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to send unsolicited email or messages, including, without limitation, promotions, or advertisements for products or services; (e) publishing or linking to malicious Content intended to damage or disrupt another Teamvibe User’s browser or computer or to compromise a Teamvibe User’s privacy or anonymity; (f) forging any TCP/IP packet header or any part of the header information in any email or in any posting; (g) accessing or tampering with non-public areas of the Site or Service, our computer systems, or the technical delivery systems of our providers; (h) accessing or searching or attempting to access or search the Teamvibe Solution by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with us; (i) deep-linking to the Site for any purpose (ie, posting a link to a Site web page other than the home page) except as otherwise expressly permitted by us on the Site; or (j) removing or obscuring any form of advertising or messaging displayed via the Teamvibe Solution.

end of Terms