rVibe - share music, make friends.

Terms of Use

Welcome to rVibe, a social networking music downloading web service located at the URL: www.rvibe.com (the "rVibe Website") with downloadable software (the "rVibe Application") available to individuals that open an account (an "rVibe Account") with rVibe ("Members") (hereinafter, individuals that simply browse the rVibe Website ("Visitors") and "Members" shall be collectively referred to as "End User(s)", "You" or "Your") that permits participation in the rVibe service (the "rVibe Service"). The rVibe Service gives Members the ability: (a) to view (i) digital music tracks ("Digital Music Files"), (ii) lists of groupings of Digital Music Files such as artist created lists in albums or arbitrary groupings created by Members via the use of tags, filters or podcast details as permitted by the rVibe Application (generally referred to as "Playlists"), (iii) rich media information or (iv) Member profiles, (b) to share Playlists with other Members in Your Member Group (as defined in the EULA) and (c) to purchase Downloaded (as defined in the EULA) or Retransmitted (as defined in the EULA) Digital Music Files or any other services or products available via the rVibe Website or the rVibe Service, in accordance with the terms of the end user license agreement ("End User License Agreement" or "EULA").

Please read the following carefully. This Terms of Use Agreement ("Terms of Use") is a legally binding agreement between Johnson-McCormick Technologies, LLC d/b/a rVibe, and its corporate affiliates (collectively, "rVibe") and You, whether You are a "Visitor" or You are a "Member". By accessing or using the rVibe Website, You signify that You have read, understand and agree to be bound by these Terms of Use.

These Terms of Use set forth Your rights and obligations with respect to Your use of the rVibe Website and are in addition to, and not in lieu of, the EULA, to which You must also agree in order to use any version of the downloadable rVibe Application (as described in the EULA, the rVibe Service and/or any information or data of any kind arising from the use of the rVibe Application or the rVibe Service, including, without limitation, any art work, text, video, audio or pictures accessed by You through the rVibe Application or the rVibe Service.

Modifications:
At any time and at rVibe's sole discretion, rVibe may add, delete or modify these Terms of Use. rVibe will post a notice on the rVibe Website of any such addition, deletion, or modification to the Terms of Use ("Change to Terms of Use Notice"). Should an End User deem any such addition, deletion, or modification to the Terms of Use unacceptable, the End User shall stop accessing and/or using the rVibe Website and the rVibe Website Materials (as defined in Section 3). Unless otherwise specifically set forth in the Change to Terms of Use Notice, all changes to the Terms of Use shall be effective upon the date we post the Change to Terms of Use Notice (the "Effective Date"). An End User's continued use of the rVibe Website following the Effective Date will constitute the End User's binding acceptance of and agreement to be bound by the changes specified therein. All End Users should check the rVibe Website frequently to review the terms and conditions of the Terms of Use so that the End User is aware of the most current rights and obligations that apply to use of the rVibe Website and the rVibe Website Materials.
Other Terms and Conditions:
If any new products or services become available at the rVibe Website, Your review or use of any such new products or services will be governed by these Terms of Use until you register as a Member, create an rVibe Member Account (as described in the End User License Agreement) and accept the terms of the EULA, unless rVibe notifies You that different terms and conditions shall apply. Additional terms and conditions may apply to purchases of goods and services and to specific portions or features of the rVibe Website, including without limitation contests, promotions or other similar features, all of which are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the rVibe Website or for any service offered on or through the rVibe Website, the latter terms shall control with respect to Your use of that portion of the rVibe Website or the specific service. In addition, You agree to comply with any additional terms which apply to third party content, material, information, software or any other services of any kind.
rVibe Website Materials:
As between rVibe and You, except for any End User Content,(as defined in the EULA), any End User Submissions submitted by You via the End User Submission Agreement (as defined in the EULA), and any Digital Music Files offered through the rVibe Service, all other text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, information and computer code, including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of any other materials and information contained on the rVibe Website are owned, controlled or licensed by or to rVibe and are protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws under United States and foreign laws and international conventions (collectively, all of the aforementioned rVibe Website materials except End User Content, End User Submissions and Digital Music Files shall be referred to as the "rVibe Website Materials"). The rVibe Website Materials available via this rVibe Website are provided to an End User "AS IS" and for Your personal viewing use only on the rVibe Website or via the rVibe Application and rVibe Service and may not be copied, reproduced, retransmitted, distributed, disseminated, sold, broadcast, performed, made available to third parties or circulated to anyone or exploited for any other commercial or noncommercial purposes without the express prior written consent of rVibe, except that Your browser may "cache" images on the rVibe Website solely for browsing purposes. Except as expressly provided herein, You are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the rVibe Website Materials or any other content on the rVibe Website, and rVibe explicitly reserves any and all rights not expressly granted hereunder. Other than as expressly permitted herein, You agree not to engage in the use, copying, or distribution of any of the rVibe Website Materials obtained through the rVibe Website. You further agree not to circumvent, disable or otherwise interfere with security related features of the rVibe Website or any other features that prevent or restrict the use or copying of any rVibe Website Materials.
Other Permitted Uses and Restrictions of the rVibe Website:
1. In addition to any other obligations set forth in this Agreement, You hereby agree not to use or launch any automated system, including without limitation, any "deeplink", "page-scrape", "robot," "spider," "offline readers," or other automatic device, program, algorithm or methodology, that accesses, acquires, copies or monitors any portion of the rVibe Website or the rVibe Service (or any content of the same) in a manner that sends more request messages to the rVibe servers in a given period of time than a human can reasonably produce in the same period via a conventional on-line web browser, or in any way reproduce or circumvent the navigational structure or presentation of the rVibe Website or the rVibe Service (or any content of the same), to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through the rVibe Website. rVibe reserves the right to prevent any such activity. Notwithstanding the foregoing, rVibe grants the operators of public search engines permission to use spiders to copy materials from the rVibe Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and rVibe reserves the right to revoke these exceptions either generally or in specific cases.
2. You agree that You will not attempt to gain unauthorized access to any portion or feature of the rVibe Website or the rVibe Service or any other systems or networks connected to the rVibe Website or the rVibe Service or to any rVibe server or the server of any rVibe End User, or to any of the services offered on or through the rVibe Website by hacking, password mining or any other illegitimate means.
3. You agree that You may not use, nor allow others to use the rVibe Website or the rVibe Service (either directly or indirectly): (i) to attempt to or actually disrupt, impair or interfere with, alter or modify the rVibe Website or the rVibe Service or any information, data or materials posted and/or displayed by rVibe or anyone else; (ii) to act in a way that affects or reflects negatively on rVibe, the rVibe Website or the rVibe Service, or anyone else; or (iii) to harvest, collect or attempt to collect any information from others including, without limitation, personally identifiable information such as account names and numbers, without such party's prior consent.
4. You agree that You are prohibited from violating or attempting to violate the security of the rVibe Website or the rVibe Service, including, without limitation: (i) accessing data not intended for You or logging onto a processor, communications or access device or rVibe Member Account which You are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the rVibe Website or the rVibe Service or to breach any implemented security or authentication measures, regardless of Your motives or intent; or (iii) attempting to interfere with or disrupt the rVibe Website or the rVibe Service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse. Any such violations of system or network security by You may result in civil or criminal liability to You. rVibe reserves the right to investigate occurrences, which may involve such violations and rVibe may involve, provide information to and cooperate with, law enforcement authorities in prosecuting any End Users who are involved in any such violations.
5. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that You send to rVibe on or through the rVibe Website or any service offered through the rVibe Website. You may not pretend that You are, or that You represent, someone else or impersonate any other individual or entity.
6. You may not use the rVibe Website or any rVibe Website for any purpose that is unlawful or prohibited by these Terms of Use, or solicit the performance of any illegal activity or other activity which infringes the rights of rVibe or others (specifically including, without limitation, copyright infringement).
7. You may not frame or provide a link to any part of the rVibe Website, the rVibe Application or the rVibe Service without the prior written consent of rVibe.
Enforcement of Intellectual Property Rights:
You acknowledge that rVibe will aggressively enforce its intellectual property rights as stated herein to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution, as applicable.
Children's Privacy:
We are committed to protecting the privacy of children. You should be aware that this rVibe Website is not intended or designed to attract children under the age of 13. Memberships and participation in the rVibe Service are void where prohibited. Due to the Children's Online Privacy Protection Act of 1998 (online at http://www.ftc.gov/ogc/coppa1.htm), all End Users must be at least thirteen (13) years of age to use the rVibe Service and/or access the rVibe Application. The rVibe Service is intended solely for End Users who are thirteen (13) years of age or older, and any registration by, use of, or access to the rVibe Service by anyone under the age of thirteen (13) is unauthorized, unlicensed and in violation of these Terms of Use. By using the rVibe Service, You represent and warrant that You are thirteen (13) or older and that You agree to and to abide by all of the terms and conditions of the EULA. rVibe may terminate Your membership, delete Your rVibe Member Account and any content or information that You have posted on the rVibe Website and/or prohibit You from registering for or using or accessing the rVibe Service or the rVibe Website or the rVibe Website Materials (or any portion, aspect or feature of the rVibe Service or the rVibe Website or the rVibe Website Materials) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the age of thirteen (13).
rVibe Privacy Policy:
rVibe respects the privacy of its End Users and has established certain policies and procedures relating to the collection and use of its End User's personally identifiable information, and any other personal information disclosed to rVibe in connection with its End User's use of the rVibe Website and the rVibe Application and rVibe Service, including Playlists. Our Privacy Policy is set forth at www.rvibe.com/privacy.html.
rVibe Website Availability:
rVIbe will make reasonable efforts to keep the rVibe Website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of rVibe may, from time to time, result in temporary interruptions to the rVibe Website. In addition, rVibe reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the rVibe Website, with or without notice. You agree that rVibe shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the rVibe Website.
Third-Party Links:
This rVibe Website (or the rVibe Service) may be linked to other sites on the World Wide Web that are not under the control of or maintained by rVibe. Such links do not constitute an endorsement by rVibe of any such sites. You acknowledge that rVibe is providing these links to You solely as a convenience to You, and You agree that rVibe is not responsible for the content or links displayed on such sites to which You may be linked. rVibe does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If You access any of the third-party websites linked on this rVibe Website, You do so at Your own risk.
Third-Party Materials on the rVibe Website:
This rVibe Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to You. rVibe has not tested or evaluated these materials and does not endorse or make any representations about these materials or Your use thereof. If You use any of the third-party materials, You do so at Your own risk. In no event shall rVibe be liable for any loss, claim, damages, or costs that may arise in connection with Your use of these materials.
Inaccuracies on the rVibe Website:
Your use of the rVibe Website is at Your own risk. The rVibe Website may include inaccuracies or errors that may affect the quality of the information provided on the rVibe Website and a possibility exists that unauthorized additions, deletions and alterations have been made to the rVibe Website by unauthorized third-parties. The information has not been independently verified or authenticated in whole or in part by rVibe. Although rVibe attempts to ensure the integrity of the rVibe Website, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the rVibe Website. More specifically, rVibe does not warrant the accuracy or timeliness of the rVibe Website Materials and rVibe has no liability for any errors or omissions in the information provided. Furthermore, the prices and availability of products and/or the rVibe Services available via the rVibe Website may at any time change without notice to You. In the event that such an inaccuracy arises, please inform us so that it may be corrected.
Articles and Commentary:
In addition, this rVibe Website may post articles and commentary containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from rVibe or official expressions of rVibe. rVibe does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although rVibe believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, rVibe cannot guarantee that such statements are reliable and accurate and rVibe accepts no fault or liability for any error or omission with respect to such articles.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES AND THE RVIBE SERVICE IS AT YOUR SOLE RISK. THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES AND THE RVIBE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. RVIBE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. RVIBE MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. RVIBE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RVIBE, ITS OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES AND/OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OF DATA (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), ARISING IN ANY WAY FROM THE CONTENT OR INFORMATION OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE. DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN FIFTY DOLLARS ($50.00).
Indemnity:
You agree to defend, indemnify and hold rVibe (including its officers, employees, licensors, suppliers, partners, affiliates, and/or third party service providers) harmless against any losses, expenses, costs or damages (including their reasonable attorneys' fees, expert's fees and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (i) Your breach of, or failure to comply with, the Terms of Use, or (ii) Your use of the rVibe Website. rVibe may, in its discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect rVibe's rights or obligations shall be made without rVibe's prior written approval. rVibe reserves the right, at its own expense and upon rendering notice to You, to assume exclusive defense and control of any such claim or action and then Your corresponding indemnification obligation will end.
Local Laws; Export Control:
By entering this rVibe Website, You acknowledge and agree that rVibe controls and operates this rVibe Website from its headquarters in the United States of America and that this rVibe Website is intended for viewing in the United States and rVibe makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on this rVibe Website are solely directed to individuals, companies or other entities located in the United States. rVibe reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the rVibe Website is void where prohibited. If You use this rVibe Website from outside the United States of America, You are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use this rVibe Website in violation of United States export laws and regulations.
Applicable Law; Venue:
Any action related to these Terms of Use will be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. If rVibe brings a claim against You for any reason under these Terms of Use and/or Your use of the rVibe Website, You agree to submit to the jurisdiction of the federal and state courts located in the Commonwealth of Pennsylvania.
Dispute Resolution:
rVibe intends to resolve any and all disputes that may arise between it and its participants in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, You agree to the following dispute resolution procedure. If You are unable to resolve any dispute in the ordinary course of business, You shall send a written notice to rVibe in which You outline the issues in dispute, enclose any relevant documents and state the requested relief. rVibe shall respond within ten (10) business days with identical information from its or their perspective. You and a representative of rVibe shall meet or communicate electronically within ten (10) business days of the delivery of the response(s), and as often as you and rVibe deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, You and rVibe fail to resolve the matter, You shall then proceed to litigation in the forum described in Section 17 of these Terms of Use.
Violation of these Terms of Use; Termination:
You acknowledge and agree that rVibe may preserve any transmittal or communication by You with rVibe through the rVibe Website or any service offered on or through the rVibe Website, and may also disclose such data if required to do so by law or rVibe determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of rVibe, its employees, users of or visitors to the rVibe Website, and the public. You agree that rVibe may, in its sole discretion and without prior notice, terminate Your access to the rVibe Website, the rVibe Website Materials, the rVibe Application, the Digital Music Files and the rVibe Service and/or block Your future access to the rVibe Website, the rVibe Website Materials, the rVibe Application, the Digital Music Files and the rVibe Service if we determine that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of the rVibe Website or the rVibe Service. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to rVibe, for which monetary damages would be inadequate, and You consent to rVibe obtaining any injunctive or equitable relief that rVibe deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies rVibe may have at law or in equity. You agree that rVibe may, in its sole discretion and without prior notice, terminate Your access to the rVibe Website, the rVibe Website Materials, the rVibe Application, the Digital Music Files or the rVibe Service at any time and for any reason, with or without cause.
General:
1. Use of the rVibe Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 20.
2. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
3. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms of Use.
4. Any provision which must survive in order to allow rVibe to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or Your use of the rVibe Website, rVibe Website Materials, the rVibe Application, the Digital Music Files or the Service, regardless of form or the basis of the claim, may be brought by You more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and You hereby waives any longer statute of limitations that may be permitted by law.
5. If rVibe does take any legal action against You as a result of your violation of these Terms of Use, rVibe will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to rVibe. You agree that rVibe will not be liable to You or to any third party for termination of Your access to the rVibe Website as a result of any violation of these Terms of Use.


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Terms of Use Welcome to rVibe, a social networking music downloading web service located at the URL: www.rvibe.com (the "rVibe Website") with downloadable software (the "rVibe Application") available to individuals that open an account (an "rVibe Account") with rVibe ("Members") (hereinafter, individuals that simply browse the rVibe Website ("Visitors") and "Members" shall be collectively referred to as "End User(s)", "You" or "Your") that permits participation in the rVibe service (the "rVibe Service"). The rVibe Service gives Members the ability: (a) to view (i) digital music tracks ("Digital Music Files"), (ii) lists of groupings of Digital Music Files such as artist created lists in albums or arbitrary groupings created by Members via the use of tags, filters or podcast details as permitted by the rVibe Application (generally referred to as "Playlists"), (iii) rich media information or (iv) Member profiles, (b) to share Playlists with other Members in Your Member Group (as defined in the EULA) and (c) to purchase Downloaded (as defined in the EULA) or Retransmitted (as defined in the EULA) Digital Music Files or any other services or products available via the rVibe Website or the rVibe Service, in accordance with the terms of the end user license agreement ("End User License Agreement" or "EULA"). Please read the following carefully. This Terms of Use Agreement ("Terms of Use") is a legally binding agreement between Johnson-McCormick Technologies, LLC d/b/a rVibe, and its corporate affiliates (collectively, "rVibe") and You, whether You are a "Visitor" or You are a "Member". By accessing or using the rVibe Website, You signify that You have read, understand and agree to be bound by these Terms of Use. These Terms of Use set forth Your rights and obligations with respect to Your use of the rVibe Website and are in addition to, and not in lieu of, the EULA, to which You must also agree in order to use any version of the downloadable rVibe Application (as described in the EULA, the rVibe Service and/or any information or data of any kind arising from the use of the rVibe Application or the rVibe Service, including, without limitation, any art work, text, video, audio or pictures accessed by You through the rVibe Application or the rVibe Service. Modifications: At any time and at rVibe's sole discretion, rVibe may add, delete or modify these Terms of Use. rVibe will post a notice on the rVibe Website of any such addition, deletion, or modification to the Terms of Use ("Change to Terms of Use Notice"). Should an End User deem any such addition, deletion, or modification to the Terms of Use unacceptable, the End User shall stop accessing and/or using the rVibe Website and the rVibe Website Materials (as defined in Section 3). Unless otherwise specifically set forth in the Change to Terms of Use Notice, all changes to the Terms of Use shall be effective upon the date we post the Change to Terms of Use Notice (the "Effective Date"). An End User's continued use of the rVibe Website following the Effective Date will constitute the End User's binding acceptance of and agreement to be bound by the changes specified therein. All End Users should check the rVibe Website frequently to review the terms and conditions of the Terms of Use so that the End User is aware of the most current rights and obligations that apply to use of the rVibe Website and the rVibe Website Materials. Other Terms and Conditions: If any new products or services become available at the rVibe Website, Your review or use of any such new products or services will be governed by these Terms of Use until you register as a Member, create an rVibe Member Account (as described in the End User License Agreement) and accept the terms of the EULA, unless rVibe notifies You that different terms and conditions shall apply. Additional terms and conditions may apply to purchases of goods and services and to specific portions or features of the rVibe Website, including without limitation contests, promotions or other similar features, all of which are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the rVibe Website or for any service offered on or through the rVibe Website, the latter terms shall control with respect to Your use of that portion of the rVibe Website or the specific service. In addition, You agree to comply with any additional terms which apply to third party content, material, information, software or any other services of any kind. rVibe Website Materials: As between rVibe and You, except for any End User Content,(as defined in the EULA), any End User Submissions submitted by You via the End User Submission Agreement (as defined in the EULA), and any Digital Music Files offered through the rVibe Service, all other text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, information and computer code, including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of any other materials and information contained on the rVibe Website are owned, controlled or licensed by or to rVibe and are protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws under United States and foreign laws and international conventions (collectively, all of the aforementioned rVibe Website materials except End User Content, End User Submissions and Digital Music Files shall be referred to as the "rVibe Website Materials"). The rVibe Website Materials available via this rVibe Website are provided to an End User "AS IS" and for Your personal viewing use only on the rVibe Website or via the rVibe Application and rVibe Service and may not be copied, reproduced, retransmitted, distributed, disseminated, sold, broadcast, performed, made available to third parties or circulated to anyone or exploited for any other commercial or noncommercial purposes without the express prior written consent of rVibe, except that Your browser may "cache" images on the rVibe Website solely for browsing purposes. Except as expressly provided herein, You are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the rVibe Website Materials or any other content on the rVibe Website, and rVibe explicitly reserves any and all rights not expressly granted hereunder. Other than as expressly permitted herein, You agree not to engage in the use, copying, or distribution of any of the rVibe Website Materials obtained through the rVibe Website. You further agree not to circumvent, disable or otherwise interfere with security related features of the rVibe Website or any other features that prevent or restrict the use or copying of any rVibe Website Materials. Other Permitted Uses and Restrictions of the rVibe Website: In addition to any other obligations set forth in this Agreement, You hereby agree not to use or launch any automated system, including without limitation, any "deeplink", "page-scrape", "robot," "spider," "offline readers," or other automatic device, program, algorithm or methodology, that accesses, acquires, copies or monitors any portion of the rVibe Website or the rVibe Service (or any content of the same) in a manner that sends more request messages to the rVibe servers in a given period of time than a human can reasonably produce in the same period via a conventional on-line web browser, or in any way reproduce or circumvent the navigational structure or presentation of the rVibe Website or the rVibe Service (or any content of the same), to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through the rVibe Website. rVibe reserves the right to prevent any such activity. Notwithstanding the foregoing, rVibe grants the operators of public search engines permission to use spiders to copy materials from the rVibe Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and rVibe reserves the right to revoke these exceptions either generally or in specific cases. You agree that You will not attempt to gain unauthorized access to any portion or feature of the rVibe Website or the rVibe Service or any other systems or networks connected to the rVibe Website or the rVibe Service or to any rVibe server or the server of any rVibe End User, or to any of the services offered on or through the rVibe Website by hacking, password mining or any other illegitimate means. You agree that You may not use, nor allow others to use the rVibe Website or the rVibe Service (either directly or indirectly): (i) to attempt to or actually disrupt, impair or interfere with, alter or modify the rVibe Website or the rVibe Service or any information, data or materials posted and/or displayed by rVibe or anyone else; (ii) to act in a way that affects or reflects negatively on rVibe, the rVibe Website or the rVibe Service, or anyone else; or (iii) to harvest, collect or attempt to collect any information from others including, without limitation, personally identifiable information such as account names and numbers, without such party's prior consent. You agree that You are prohibited from violating or attempting to violate the security of the rVibe Website or the rVibe Service, including, without limitation: (i) accessing data not intended for You or logging onto a processor, communications or access device or rVibe Member Account which You are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the rVibe Website or the rVibe Service or to breach any implemented security or authentication measures, regardless of Your motives or intent; or (iii) attempting to interfere with or disrupt the rVibe Website or the rVibe Service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse. Any such violations of system or network security by You may result in civil or criminal liability to You. rVibe reserves the right to investigate occurrences, which may involve such violations and rVibe may involve, provide information to and cooperate with, law enforcement authorities in prosecuting any End Users who are involved in any such violations. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that You send to rVibe on or through the rVibe Website or any service offered through the rVibe Website. You may not pretend that You are, or that You represent, someone else or impersonate any other individual or entity. You may not use the rVibe Website or any rVibe Website for any purpose that is unlawful or prohibited by these Terms of Use, or solicit the performance of any illegal activity or other activity which infringes the rights of rVibe or others (specifically including, without limitation, copyright infringement). You may not frame or provide a link to any part of the rVibe Website, the rVibe Application or the rVibe Service without the prior written consent of rVibe. Enforcement of Intellectual Property Rights: You acknowledge that rVibe will aggressively enforce its intellectual property rights as stated herein to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution, as applicable. Children's Privacy: We are committed to protecting the privacy of children. You should be aware that this rVibe Website is not intended or designed to attract children under the age of 13. Memberships and participation in the rVibe Service are void where prohibited. Due to the Children's Online Privacy Protection Act of 1998 (online at http://www.ftc.gov/ogc/coppa1.htm), all End Users must be at least thirteen (13) years of age to use the rVibe Service and/or access the rVibe Application. The rVibe Service is intended solely for End Users who are thirteen (13) years of age or older, and any registration by, use of, or access to the rVibe Service by anyone under the age of thirteen (13) is unauthorized, unlicensed and in violation of these Terms of Use. By using the rVibe Service, You represent and warrant that You are thirteen (13) or older and that You agree to and to abide by all of the terms and conditions of the EULA. rVibe may terminate Your membership, delete Your rVibe Member Account and any content or information that You have posted on the rVibe Website and/or prohibit You from registering for or using or accessing the rVibe Service or the rVibe Website or the rVibe Website Materials (or any portion, aspect or feature of the rVibe Service or the rVibe Website or the rVibe Website Materials) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the age of thirteen (13). rVibe Privacy Policy: rVibe respects the privacy of its End Users and has established certain policies and procedures relating to the collection and use of its End User's personally identifiable information, and any other personal information disclosed to rVibe in connection with its End User's use of the rVibe Website and the rVibe Application and rVibe Service, including Playlists. Our Privacy Policy is set forth at www.rvibe.com/privacy.html. rVibe Website Availability: rVIbe will make reasonable efforts to keep the rVibe Website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of rVibe may, from time to time, result in temporary interruptions to the rVibe Website. In addition, rVibe reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the rVibe Website, with or without notice. You agree that rVibe shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the rVibe Website. Third-Party Links: This rVibe Website (or the rVibe Service) may be linked to other sites on the World Wide Web that are not under the control of or maintained by rVibe. Such links do not constitute an endorsement by rVibe of any such sites. You acknowledge that rVibe is providing these links to You solely as a convenience to You, and You agree that rVibe is not responsible for the content or links displayed on such sites to which You may be linked. rVibe does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If You access any of the third-party websites linked on this rVibe Website, You do so at Your own risk. Third-Party Materials on the rVibe Website: This rVibe Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to You. rVibe has not tested or evaluated these materials and does not endorse or make any representations about these materials or Your use thereof. If You use any of the third-party materials, You do so at Your own risk. In no event shall rVibe be liable for any loss, claim, damages, or costs that may arise in connection with Your use of these materials. Inaccuracies on the rVibe Website: Your use of the rVibe Website is at Your own risk. The rVibe Website may include inaccuracies or errors that may affect the quality of the information provided on the rVibe Website and a possibility exists that unauthorized additions, deletions and alterations have been made to the rVibe Website by unauthorized third-parties. The information has not been independently verified or authenticated in whole or in part by rVibe. Although rVibe attempts to ensure the integrity of the rVibe Website, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the rVibe Website. More specifically, rVibe does not warrant the accuracy or timeliness of the rVibe Website Materials and rVibe has no liability for any errors or omissions in the information provided. Furthermore, the prices and availability of products and/or the rVibe Services available via the rVibe Website may at any time change without notice to You. In the event that such an inaccuracy arises, please inform us so that it may be corrected. Articles and Commentary: In addition, this rVibe Website may post articles and commentary containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from rVibe or official expressions of rVibe. rVibe does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although rVibe believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, rVibe cannot guarantee that such statements are reliable and accurate and rVibe accepts no fault or liability for any error or omission with respect to such articles. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES AND THE RVIBE SERVICE IS AT YOUR SOLE RISK. THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES AND THE RVIBE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. RVIBE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. RVIBE MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. RVIBE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RVIBE, ITS OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES AND/OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OF DATA (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), ARISING IN ANY WAY FROM THE CONTENT OR INFORMATION OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS, THE RVIBE APPLICATION, THE DIGITAL MUSIC FILES OR THE RVIBE SERVICE. DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN FIFTY DOLLARS ($50.00). Indemnity: You agree to defend, indemnify and hold rVibe (including its officers, employees, licensors, suppliers, partners, affiliates, and/or third party service providers) harmless against any losses, expenses, costs or damages (including their reasonable attorneys' fees, expert's fees and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (i) Your breach of, or failure to comply with, the Terms of Use, or (ii) Your use of the rVibe Website. rVibe may, in its discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect rVibe's rights or obligations shall be made without rVibe's prior written approval. rVibe reserves the right, at its own expense and upon rendering notice to You, to assume exclusive defense and control of any such claim or action and then Your corresponding indemnification obligation will end. Local Laws; Export Control: By entering this rVibe Website, You acknowledge and agree that rVibe controls and operates this rVibe Website from its headquarters in the United States of America and that this rVibe Website is intended for viewing in the United States and rVibe makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on this rVibe Website are solely directed to individuals, companies or other entities located in the United States. rVibe reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the rVibe Website is void where prohibited. If You use this rVibe Website from outside the United States of America, You are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use this rVibe Website in violation of United States export laws and regulations. Applicable Law; Venue: Any action related to these Terms of Use will be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. If rVibe brings a claim against You for any reason under these Terms of Use and/or Your use of the rVibe Website, You agree to submit to the jurisdiction of the federal and state courts located in the Commonwealth of Pennsylvania. Dispute Resolution: rVibe intends to resolve any and all disputes that may arise between it and its participants in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, You agree to the following dispute resolution procedure. If You are unable to resolve any dispute in the ordinary course of business, You shall send a written notice to rVibe in which You outline the issues in dispute, enclose any relevant documents and state the requested relief. rVibe shall respond within ten (10) business days with identical information from its or their perspective. You and a representative of rVibe shall meet or communicate electronically within ten (10) business days of the delivery of the response(s), and as often as you and rVibe deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, You and rVibe fail to resolve the matter, You shall then proceed to litigation in the forum described in Section 17 of these Terms of Use. Violation of these Terms of Use; Termination: You acknowledge and agree that rVibe may preserve any transmittal or communication by You with rVibe through the rVibe Website or any service offered on or through the rVibe Website, and may also disclose such data if required to do so by law or rVibe determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of rVibe, its employees, users of or visitors to the rVibe Website, and the public. You agree that rVibe may, in its sole discretion and without prior notice, terminate Your access to the rVibe Website, the rVibe Website Materials, the rVibe Application, the Digital Music Files and the rVibe Service and/or block Your future access to the rVibe Website, the rVibe Website Materials, the rVibe Application, the Digital Music Files and the rVibe Service if we determine that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of the rVibe Website or the rVibe Service. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to rVibe, for which monetary damages would be inadequate, and You consent to rVibe obtaining any injunctive or equitable relief that rVibe deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies rVibe may have at law or in equity. You agree that rVibe may, in its sole discretion and without prior notice, terminate Your access to the rVibe Website, the rVibe Website Materials, the rVibe Application, the Digital Music Files or the rVibe Service at any time and for any reason, with or without cause. General: Use of the rVibe Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 20. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms of Use. Any provision which must survive in order to allow rVibe to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or Your use of the rVibe Website, rVibe Website Materials, the rVibe Application, the Digital Music Files or the Service, regardless of form or the basis of the claim, may be brought by You more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and You hereby waives any longer statute of limitations that may be permitted by law. If rVibe does take any legal action against You as a result of your violation of these Terms of Use, rVibe will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to rVibe. You agree that rVibe will not be liable to You or to any third party for termination of Your access to the rVibe Website as a result of any violation of these Terms of Use.
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Terms of Use

Modifications:

Other Terms and Conditions:

rVibe Website Materials:

Other Permitted Uses and Restrictions of the rVibe Website:

Enforcement of Intellectual Property Rights:

Children's Privacy:

rVibe Privacy Policy:

rVibe Website Availability:

Third-Party Links:

Third-Party Materials on the rVibe Website:

Inaccuracies on the rVibe Website:

Articles and Commentary:

DISCLAIMER OF WARRANTIES:

LIMITATION OF LIABILITY:

Indemnity:

Local Laws; Export Control:

Applicable Law; Venue:

Dispute Resolution:

Violation of these Terms of Use; Termination:

General: