Privacy Policy

LAST UPDATED: March 21, 2023

Welcome to V For Vibes! V For Vibes is provided by Venus Vibes, LLC (collectively referred to herein as “we,” “us,” “our,” or “V For Vibes”).  We respect your privacy and the importance of the information you entrust to us. With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you use our online and/or mobile services, website, and/or place an order for products (collectively the “Services”), how we may use and disclose the information, and how you can control, correct and/or update the information. By accessing or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy. Any capitalized terms not defined herein shall have the meaning as set forth in the Terms of Service.

Please note that this Policy does not apply to your use of third-party sites, services, or applications you may access through the Services. We encourage you to review the privacy policies of those third parties for more information regarding their privacy practices.

INFORMATION WE MAY COLLECT

  • Information You Provide to Us

We collect information you provide directly to us when using the Services. For example, we collect information when you sign up for an account, complete a form, place an order, participate in any interactive features of the Services, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, mailing and billing address and payment information, and any other information you choose to provide.  For purposes of registering and using the Services, we collect certain information that can identify you, such as your name and contact information (email, address and phone number) (“Personal Information”) We will never sell, rent, or trade Personal Information and will only use it, as needed, to provide the Services and/or fulfill the orders requested by you.  V For Vibes discloses Personal Information only to those of its employees, contractors and affiliated organizations that (i) need to know the information in order to process it on yours and our behalf, and (ii) that have agreed in writing to non-disclosure restrictions at least as strong as those herein.  We also may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account.  Depending on the nature of your inquiry or activities on the Services, we may also ask for other information relevant to your use of the Services.

  • Information We Collect Automatically When You Use the Services

When you access or use the Services, we automatically collect information about you, which may include the following:

  • Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to the Services. Publicly available tools can sometimes provide the approximate location for IP addresses.
  • Device Information: We collect information about the computer or mobile device you use to access the Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored in device memory that help us to improve the Services and your experience, see which areas and features of the Services are popular, and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in the Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

We also may collect other types of information in the following ways when you use the Services:

  • Details of how you used and interacted with the Services, such as your search queries and how you responded to certain questions.
  • Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
  • Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track your movements around the Services and understand trends.
  • Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through the Services. For example, we may collect information about you from third parties who provide services on our behalf, such as maintaining and monitoring usage of the Services and processing payment transactions. We also may receive information about you from the third parties with whom you interact through the Services.

USE OF INFORMATION

We may use information about you for various purposes, including the following:

  • Provide, maintain, improve and deliver the Products and services you request, process transactions, and send you related information;
  • Verify your identity and, if applicable, authorization for you to use the Services;
  • Process payment for Services;
  • Facilitate use of the Services;
  • Provide personalized recommendations and maintain general and personalized content;
  • Manage your account and your preferences;
  • To prevent or address service, security, technical issues at your request in connection with customer support matters
  • Respond to your comments, questions, and requests;
  • Send you technical notices and other administrative messages;
  • Communicate with you about Products, services, offers, promotions, rewards, and events offered by us or others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage, and activities in connection with the Services;
  • Conduct research, analysis, and surveys;
  • Personalize and improve the Services and provide content or features that match user profiles or interests;
  • Enforce our Terms;
  • Link or combine with information we get from others in connection with the Services; and
  • Carry out any other purpose for which the information was collected.

This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user of the Services. In other words, information about how you use the Services may be collected and combined with information about how others use the same Services, but no personally identifiable information will be included in the resulting data.

SHARING OF INFORMATION

We may share or transfer information about you as follows or as otherwise described in this Privacy Policy:

  • With third party affiliates, contractors, and other service providers in connection with providing the Services;
  • In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation;
  • If we believe your actions are inconsistent with the spirit or language of our Terms of Service or policies, or to protect the rights, property, and safety of you, us, or others;
  • In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company;
  • With your consent or at your direction, including if we notify you through the Services that certain information you provide will be shared in a particular manner and you provide this information.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

THIRD PARTY PAYMENT SERVICES

We do not directly process any payments and do not store Your debit/credit card information. As detailed further in the Terms of Services, we use a third-party Payment Processor to bill You for Products you purchase. Payment processing shall be subject to the terms and conditions and privacy policy of the Payment Processor. For these third-party service providers, we recommend that You read their privacy policies in order to understand the manner in which Your User Information and Your credit/debit card details will be handled by these providers.

ANALYTICS SERVICES

We may allow others to provide analytics service in connection with the Services, such as Google Search Console, Google Analytics, and different plugins for the website.  These entities may use cookies, web beacons, and other technologies to collect information about your use of the Services, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. We and others may use this information to, among other things, analyze and track data, determine the popularity of certain content, personalize the user experience, and better understand your activity.

  • To learn more about Google Search Console and Google Analytics, please visit https://policies.google.com/privacy.

OTHER WEBSITES

This Privacy Policy applies only to information we collect at and through our website.  The website may contain links to or embedded content from third party websites. A link to or embedded content from a third-party website does not mean that we endorse that third party website, the quality or accuracy of information presented on the third-party website or the persons or entities associated with the third-party website. If you decide to visit a third-party website, you are subject to the privacy policy of the third-party website as applicable and we are not responsible for the policies and practices of the third-party website. We encourage you to ask questions before you disclose your information to others.

SECURITY

We work hard to protect your information and take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from loss, unauthorized access, alteration, or disclosure.  Our security practices include: encrypting many of our services using SSL; verification for account access; and frequent review of information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.  However, and unfortunately, no internet or e-mail transmission is ever fully secure or error free.  Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Therefore, you should take special care in deciding what information you provide to us.

CALIFORNIA PRIVACY RIGHTS

California law provides California residents (as defined in Section 17014 of title 18 of the California Code of Regulations) (“Consumer”) with specific rights regarding information that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (some of which may also constitute Personally Identifiable Information). The California Consumer Privacy Act of 2018 (“CCPA”) refers to such information as “personal information”. This section describes the rights that California Consumers have and explains how to exercise those rights, subject in all cases to any limitations set forth in the CCPA.

V For Vibes shall comply with the California Consumer Privacy Act of 2018, Cal. Civil Code § 1798.100 et seq., (“CCPA”), which may be amended from time to time.  Per the terms of the CCPA, V For Vibes is a Service Provider and not a Third Party as described in the CCPA. Therefore, V For Vibes shall not:

  1. Sell the Personal Information.
  2. Retain, use, or disclose the Personal Information for any purpose other than providing the Services or for a Business Purpose. Specifically, V For Vibes shall not retain, use, or disclose the Personal Information for a Commercial Purpose.
  3. Retain, use, or disclose the Personal Information outside of the direct business relationship between V For Vibes and its Users.

Notwithstanding anything in the Terms of Service or any related order form or other document, the parties acknowledge and agree that a User’s provision of Personal Information is not part of and explicitly excluded from the exchange of consideration, or any other thing of value, between the parties.

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to customercare@vforvibes.com.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under the CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.

To exercise the access and deletion rights described above, please submit a request to us by emailing us at customercare@vforvibes.com.  Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person.

We will respond to consumer requests in a reasonably timely manner. If we require extra time to respond, we will inform you of the reason and extension period in writing. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.

We do not sell your Personal Information or any information that may be used to identify you.

California Do Not Track (“DNT”) Notice

Under California law, website and online service operators are required to disclose how they respond to web browser DNT signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer’s online activities over time and across third-party websites, to the extent the operator engages in that collection.  At this time, we do not track our customers’ personal information over time and across third-party websites and therefore this requirement does not apply to us.

California law also requires website and online service operators to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any personal information from our Services unless you directly provide it to us and we provide it to them with your consent.

CHILDREN UNDER THE AGE OF 18

The Services are intended for users who are eighteen (18) years of age and older.  If you are under the age of 18, you are not permitted to submit any Personal Information to us.  If you believe we might have any information from or about a child under 18, please contact us at customercare@vforvibes.com.

RETENTION

We will retain your Personal Information for the period of time that is necessary to fulfil the original purposes for which it has been collected. Please keep in mind that, in certain cases, a longer retention period may be required or permitted by law or to allow us to pursue our business interests, conduct audits, comply with our legal obligations, enforce our agreements or resolve any dispute.

The criteria used to determine our retention periods include:

  • Time needed to provide you with our Services or to operate our business.
  • Whether your account with us is active. You may contact us to make your account inactive at any time.
  • Legal, contractual, or similar obligations to retain your data, such as mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of contract or litigation.

Please note that we are not responsible for storing any information that you provide to us or for any content or information that we provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the website or Services.

TRANSFER OF PERSONAL INFORMATION; INTERNATIONAL VISITORS

The Services are provided from the United States.  If you are located outside of the United States, any information you provide to us may be transferred out of your country and into the United States. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States. Personally identifiable information collected through the Services may be stored and processed in the United States or, if and as applicable for international Users, any other country in which V For Vibes or its affiliates, subsidiaries or service providers maintain facilities.  If your Personal Information is transferred to a country other than your home country, we will take measures to protect it with appropriate contract clauses or other applicable safeguards.

If you are an international visitor, you acknowledge that by providing your Personal Information, you are: (a) permitting the transfer of your Personal Information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your Personal Information in accordance with this Privacy Policy.

Subject to local law, you may also have certain rights regarding information that we have collected and that is related to you. For example, if you are located in the European Union with rights under the General Data Protection Regulation (“GDPR”), you have the right to withdraw previously provided consent for our processing of your “personal data” as such term is defined under the GDPR, by contacting us at customercare@vforvibes.com. Such individuals also have the following rights:

  • Right to access – In accordance with Article 15 of the GDPR, this right allows individuals to obtain confirmation as to whether or not personal data concerning him or her is being processed and provides access to such personal data. It also allows individuals to request details of the processing of his or her personal data, including, without limitation, categories of recipients to whom the personal data has been or will be disclosed and the purposes of the processing.
  • Right to rectify – In accordance with Article 16 of the GDPR, this right allows individuals to rectify any inaccurate personal data about him or her.
  • Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances in accordance with Article 18 of the GDPR.
  • Right to be forgotten – This right is also known as the “right to erasure.” In accordance with Article 17 of the GDPR, it is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
  • Right of data portability – In accordance with Article 20 of the GDPR, this right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
  • Right to object to processing – In accordance with Article 21 of the GDPR, this right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.
  • Right to withdraw your consent – You shall have the right to withdraw your consent at any time with regard to the processing of the User Information in accordance with Article 7 para. 3 GDPR.
  • Right to lodge a complaint – You may lodge a complaint with the supervisory authority in accordance with Article 77 para. 1 of the GDPR, if you feel that the processing of the data relating to you infringes the GDPR.
  • Right to effective judicial remedy – You shall have the right to an effective judicial remedy where You consider that Your rights under the GDPR have been infringed as a result of the processing of Your personal data and the same is in non-compliance with the GDPR.

Legal Bases for Processing: We rely on the following legal basis to process your personal data: (i) it may be necessary for us to use and disclose your personal data for the performance and fulfillment of the contract between us and to provide you with our Services; (ii) if you specifically consent to certain uses of your personal data, we may use your personal data in a manner consistent with that consent; and (iii) we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.

To exercise any of the above rights, or if you have any questions or comments about the Policy or our privacy practices, please contact us at customercare@vforvibes.com.

OPTIONS

Your Information

We use reasonable processes to ensure compliance with this privacy policy and periodically verify that the policy is accurate. We encourage you to raise any concerns by contacting us at customercare@vforvibes.com, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information. Unless legal restrictions apply, you have the right to access the information we hold about you free of charge. You may update, correct or delete your information at any time by contacting us at customercare@vforvibes.com. You can help us maintain the accuracy of your information by notifying us of any changes.  To avoid delays in obtaining your information, please provide sufficient detail to permit us to identify you and the specific information that you are requesting.  We will respond to your request within 30 days of receipt, unless we inform you that it will take longer, as permitted by law under certain circumstances.  Please note that there may be instances where access may be restricted as permitted or required by law. We will advise you of the reasons for restricting access subject to any legal or regulatory limitations. In addition, please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.  Please note that we are not responsible for storing any information that you provide to us or a third party or for any content or information that we or a third party provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.

Promotional Communications

By providing Personal Information to us, you expressly consent to receive messaging and information from us. You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at customercare@vforvibes.com. If you opt out, we may still send you non-promotional communications, such as messages about your account or our ongoing business relations.

Please note that we do not respond to or honor ‘do not track’ (a/k/a DNT) signals or similar mechanisms transmitted by web browsers. If you have consented to have your Personal Information shared with any third party and you no longer wish to have your Personal Information shared with such parties, then you may opt-out of such disclosures by sending an email to customercare@vforvibes.com. However, we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided with your information in accordance with this privacy policy or your separate consent.

Please note that there might be a brief delay between when you submit your request to ‘opt-out’ and when it is processed and reflected in our systems; accordingly, you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.

Non-Discrimination

We will not discriminate against you because you elect to exercise any of the rights related to your Personal Information, including but not limited to:

  • Denying you products or Services;
  • Charging you different prices or rates, including through the use of discounts or other benefits or imposing penalties on you;
  • Providing a different level or quality of Services to you; or
  • Suggesting that you will receive a different price or rate for Services or a different level or quality of Services.

PRIVACY POLICY CHANGES

V For Vibes reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt out of such differing uses. Your continued use of the Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to review this Policy regularly.

HOW TO CONTACT US

If you have any questions about this Policy, or our information practices, please contact us by email at customercare@vforvibes.com.

LAST UPDATED: March 23, 2023

STATE ADDENDUM TO THE V FOR VIBES PRIVACY POLICY

ADDENDUM DATE: March 6, 2023

This State Addendum to the V For Vibes Privacy Policy (“Addendum”) supplements the terms of V For Vibes’s Privacy Policy and applies to individuals who are residents of California, Colorado, Connecticut, Virginia, and Utah, as specified below.  It describes the rights you may have, depending on the state of your residence, with regard to your personal information, which apply when new or updated laws take effect in these states. This Addendum does not apply to any employees, owners, directors, officers, or contractors of V For Vibes or its affiliates.

  1. California Privacy Policy

 

The section relates solely to residents of the State of California, and for purposes of this section, “you” means residents of the State of California. This section will provide you with information about our information practices and your privacy rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and applicable regulations (collectively referred to as “CPRA”). Any terms defined in the CPRA have the same meaning when used in this section.

  • Personal Information we collect

V For Vibes collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (“CPRA Covered Personal Information” or “personal information”). CPRA Covered Personal Information does not include personal information that has been de-identified or aggregated, or that is publicly available information from government records.

In particular, we have collected the following categories of CPRA Covered Personal Information from consumers (as that term is defined in the CPRA) within the last twelve (12) months:

Category Examples Collected
A. Personal Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, Account name, Social Security number, driver’s license number, passport number, or other similar identifiers. Yes
B. Personal and financial information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Yes
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status. No
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. No
F. Internet or other similar network activity. Browsing history, search history, information on your interaction with a Site, application, or advertisement. Yes
G. Geolocation data. Physical location or movements. No
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. No
I. Professional or employment related information Occupation, title, employer information, current or past job history or performance evaluations. No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. No
J. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. No
L. Sensitive Personal Information Social security, driver’s license, state identification or passport numbers; Account log-in, financial account, debit or credit card number in combination with any required security or access code, password or credentials allowing access to an Account; precise geolocation data; racial or ethnic origin, religious or philosophical beliefs or union membership, content of mail, email and text messages unless business is the intended recipient; genetic data; processing of biometric information for the purposes of uniquely identifying a consumer; personal information collected and analyzed concerning your health. Yes
  • Categories of sources from which we collect personal information

You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.

  • Our processing of your personal information

You have the right to know how we process and use your personal information. We make this information available to you in the USE OF INFORMATION section of our Privacy Policy.

  • Disclosure of Personal Information

You have the right to know if we share your personal information with any third parties and the categories of those third parties. We make this information available to you in the SHARING OF INFORMATION section of our Privacy Notice.

  • No Sales or Sharing of Personal Information

We do not sell personal information for monetary or other consideration, and we do not share your personal information for cross-context behavioral advertising (as defined in the CPRA). We have also not sold or shared the personal information of consumers under 16 years of age.

  • Use of Sensitive Personal Information

We do not use or disclose sensitive personal information for purposes other than those specified in section 7027, subsection (m) of the CPRA regulations and we do not collect or process sensitive personal information for purposes of inferring characteristics about you.

  • Your CPRA Consumer Rights
  1. Where we are acting as a business (as opposed to a service provider as those terms are defined in the CPRA), you have the following rights:
  • Right to Access. You have the right to request that we disclose the categories of personal information we collected about you, the categories of sources for the personal information we collected about you, our business or commercial purpose for collecting your personal information, the categories of third parties with whom we share your personal information; and the specific pieces of personal information we collected about you.
  • Right to data portability. You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party.
  • Right to delete. You may have the right to request that we delete your personal information where we act as a business. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our service providers to:
    • Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client;
    • Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
    • Comply with a legal obligation; or
    • Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it.
  • Right to correct. We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you.
  • Right to non-discrimination and no retaliation. We will not discriminate or retaliate against you for exercising any of your rights under the CCPA, including we will not deny you goods or services, charge you different prices for goods or services, provide you a different level or quality of goods or services, or suggest that you will receive a different price for goods or services or a different level of quality of goods and services.
  1. Exercising Your Rights

You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by email at customercare@vforvibes.com.

  1. Verification Process

We are only required to fulfill verifiable requests. Only you, you as a parent or a legal guardian on behalf of a minor child, or your authorized agent may make a verifiable request related to personal information.  If you submit your request through an authorized agent, we may require you to provide your agent with written permission to do so and verify your identity. We may deny any request by an authorized agent that does not submit proof that the agent has been authorized by you to act on your behalf.

  • For requests for access to categories of personal information, we will verify your request to a “reasonable degree of certainty.” This may include matching at least two data points that you would need to provide with data points we maintain about you and that we have determined to be reliable for the purposes of
  • For requests for specific pieces of personal information (portability request), we will verify your request to a “reasonably high degree of certainty.” This may include matching at least three data points that you would need to provide with the data points we maintain about you and that we have determined to be reliable for the purposes of verification. We will also require you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.
  • For requests to delete, we will verify your request to a “reasonable degree” or a “reasonably high degree of certainty” depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion.

We will use the personal information you provide in a request only for purposes of verifying your identity or authority to make the request.

  1. Response Timing and Format

We will respond to a verifiable request within forty-five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time.  If you have an Account with us, we will deliver our written response to that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option.  (Note that the law prohibits us from disclosing at any time a consumer’s Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an Account password, security questions and answers, or any unique biometric data.)  If we cannot comply with a request or a portion of the request, we will include the reasons in our response. If we deny your request on the basis that it is impossible or would involve a disproportionate effort, we will explain our reasons, such as the data is not in a searchable or readily accessible format, is maintained for only legal or compliance purposes, or is not sold or used for any commercial purpose and our inability to disclose it, delete or correct it would not impact you in any material manner.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

*Please note that in certain cases we may collect your personal information as a service provider (as opposed to a business, as those terms are defined in the CPRA) pursuant to a contract we have with a commercial client (the CPRA business) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the business. Should you direct your requests to exercise your rights to us, we may be required to share your request with the business, who is the party responsible under the CPRA for receiving, verifying and responding to your requests, or we may direct you to make your request directly to the business.

  • CPRA exemptions

This section (California Privacy Policy) does not apply to the following data which is exempt from the CPRA, including but not limited to: medical information governed by the California Confidentiality of Medical Information Act (CMIA); protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994 (DPPA).

  • Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to affiliates and other third parties for their direct marketing purposes. To make such a request, please send an email to customercare@vforvibes.com.

  1. Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights

The section relates solely to residents of the States of Colorado, Connecticut, Virginia and Utah, and provides you with information about your privacy rights under the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CDPA), the Virginia Consumer Data Protection Act (VCDPA) and the Utah Consumer Privacy Act (UCPA).

This section shall be effective for the residents of those States on the dates set forth below:

  • Effective January 1, 2023, for residents of the State of Virginia
  • Effective July 1, 2023, for residents of the States of Colorado and Connecticut
  • Effective December 31, 2023, for residents of the State of Utah

For purposes of this section, “residents”, “consumers” or “you” means individuals of those states who are acting in their individual or household context. This section does not apply to individuals acting in their commercial or employment context.

  • Personal Information we collect

You have a right to know the categories and types of personal information we collect about you. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.

  • Categories of sources from which we collect personal information

You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.

  • Our processing of your personal information

You have the right to know how we process and use your personal information. We make this information available to you in the USE OF INFORMATION section of our Privacy Policy.

*For residents of the State of Virginia, to the extent that we maintain de-identified data, we take reasonable measures to ensure that de-identified data cannot be associated with a natural person, we publicly commit to maintaining and using de-identified data without attempting to re-identify the data, and we contractually obligate any recipient of the data to comply with the same obligations.

  • Disclosure of Personal Information

You have the right to know if we share your personal information with any third parties. We make this information available to you in the SHARING OF INFORMATION section of our Privacy Policy.

  • No Sale of Data or Use of Data for Targeted Advertising

We do not sell your personal information and we do not use your data for targeted advertising (as that term is defined by your applicable state law). We may send you advertising in response to your request for information or feedback or based on your activities with our Services, including your search queries and visits to our Services. However, we will not send you targeted advertising based on your activities across non-affiliated websites, applications or platforms to predict your preferences or interests.

  • Your Rights
  1. Where we act as the Controller of your personal information (as opposed to a Processor as those terms are defined in your applicable State law), you have the right to submit a request to us for the following:
  • Right to access. You have the right to know if we process your personal information and have access to such information and certain details of how we use it.
  • Right to correct. We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you.
  • Right to delete. You may have the right to request that we delete your personal information where we act as a controller. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our processors to:
    • Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client;
    • Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
    • Comply with a legal obligation; or
    • Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it.
  • Right to restriction of processing (opt-out). You have the right to opt-out of processing your personal information for purposes of profiling in furtherance of any automated processing of your data that produce legal or similarly significant effects concerning you. (This right only applies to residents of the States of Colorado, Connecticut and Virginia.)
  • Right to data portability. You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party.
  • Right to non-discrimination and no retaliation. We will not discriminate or retaliate against you for exercising any of your rights, including but not limited to, by denying you goods or services, charging you different prices for goods or services, or providing you a different level or quality of goods or services.
  • Right to restrict the processing of sensitive information
    Unless we are processing your sensitive information pursuant to any of the legal exemptions listed in Section 8 (Exemptions) below or as otherwise allowed by law:
  • For residents of the States of Connecticut, Virginia and Colorado, we will not process your sensitive information without first obtaining your consent; and
  • For residents of the State of Utah, we will not process your sensitive personal information without providing you with notice and an opportunity to opt out.
  1. Exercising Your Rights

You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by email at customercare@vforvibes.com:

  1. Authentication Process

We will only fulfill request when we can verify your identify and confirm that you are authority to make such a request.  Only you, you as the parent or legal guardian on behalf of your minor child, or your authorized agent, guardian or conservator may make a request related to personal information. If an authorized agent, legal guardian or conservator submits the request, we may require your written permission to do so and may require additional information to authenticate your identity. We may deny a request by an authorized agent, legal guardian or conservator who does not submit proof of authorization to act on your behalf.  We will only use the personal information you provide in a request to verify your identity or authority to make the request.

  1. Response Timing and Format

We will respond to an authenticated request within forty- five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time.  If you have an Account with us, we will deliver our written response to that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option.  If we cannot comply with a request or a portion of the request, we will include the reasons in our response.

*For residents of the States of Colorado, Connecticut and Utah, you may make one request within a twelve-month period at no charge.

*For residents of the State of Virginia, you may make a request up to two (2) times within a twelve (12) month period at no charge. We reserve the right to charge a fee to process or respond to any request that we consider excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

  • Right to Appeal

You have the right to appeal our decision within a reasonable period of time after receipt of our response. You may appeal our decision by sending us an email at customercare@vforvibes.com. We will respond to your appeal within 60 days of receipt (45 days of receipt for residents of Colorado) and will inform you of any decisions and the reasons for such decisions.

* Please note that in certain cases we may collect your personal information as a processor (as opposed to a controller, as those terms are defined in your applicable state privacy law) pursuant to a contract we have with a commercial client (the controller) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the controller. Should you direct your requests to exercise your rights to us, we may be required to share your request with the controller, who is the party responsible under your applicable state privacy law for receiving, authenticating and responding to your requests.

  • Exemptions

This section (Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights) does not apply to certain entities and data that are exempt from your applicable state privacy law, including but not limited to the following: covered entities, business associates and protected health information governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); financial institutions and personal information subject to the Gramm-Leach-Bliley Act (GLBA); and personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act, the Farm Credit Act and the Driver’s Privacy Protection Act of 1994 (DPPA).

TERMS OF SERVICE

These Terms were last updated on March 21, 2023

Welcome to V For Vibes! Throughout the site, the terms “Venus Vibes”, “we”, “us” and “our” refers to Venus Vibes, LLC (DBA V For Vibes). We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of these Terms, then you may not access the website, purchase any Products (“Products”) or otherwise use any Services.

You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to be eligible to use the Services. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. In certain instances, Company may require you to provide proof of identity to create your Account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. This Agreement applies to all visitors, users, customers and others who access the Services (“Users”).

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of the Services or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. Our Services
  1. Products. All features, content, availability, specifications, Products and prices of Products described or depicted within the Services are subject to change at any time without notice. Products may have limited quantities and are subject to return only according to our shipping and returns policy located athttps://vforvibes.com/shipping-returns/. The inclusion of any Products at a particular time does not imply or warrant that these Products will be available at any time.
  1. Accuracy of Content. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our Products and ensure that information is complete, accurate and up-to-date. Despite our efforts, the information provided within the Services may occasionally be inaccurate, incomplete or out-of-date. We have made every effort to display as accurately as possible the color of the Products. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the Products upon delivery. We make no representation as to the completeness, accuracy or currency of any information within the Services. For example, Products may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated. In the event of a pricing error or discrepancy with respect to Products, we reserve the right to cancel any orders (or partial orders) for such Products.
  1. Account. In order to use certain of the Services and/or purchase Products, you may be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account”). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. V For Vibes reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information.
  1. We may maintain different types of accounts for different types of Users. If you open a Company Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
  1. You may control your Account and how you interact with the Services by changing the settings in your Account. By accessing the Services and/or setting up an Account, you consent to having these Terms provided to you in electronic form and that all Terms, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or phone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Products or Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. If you do not want to receive such email messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
  • You are solely responsible for all activity that occurs when the Services are accessed through your Account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your Account. Company will not be liable for any losses or damages arising from your failure to protect your password or Account information and/or caused by any unauthorized use of your Account.
  1. When a Product order is placed, it will be shipped per our shipping policy located at https://vforvibes.com/shipping-returns/ to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Services.
  1. Confirmation, Cancellation and Coupons. While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a Product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any Product and/or to refuse fulfillment of any order or to any User; (b) to discontinue any Product; (c) to bar any User from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order. Partial shipment or partial cancellation of orders may occur.
  1. Services Rules
  1. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.
  1. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services, website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; or (f) to collect or track the personal information of others.
  • The Services contain confidential and trade secret information owned or licensed by V For Vibes, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.
  1. By registering for an Account and/or placing an order, you represent that the Products ordered will be used only in a lawful manner and as intended by such manufacturer.
  1. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

2. Proprietary Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “V For Vibes Content”), and all intellectual property rights related thereto, are the exclusive property of V For Vibes and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any V For Vibes Content. Use of the V For Vibes Content for any purpose not expressly permitted by this Terms is strictly prohibited. These Terms do not provide you with title or ownership of any Services or V For Vibes Content, but only a limited right to use the same solely upon the terms expressly set forth in these Terms.

3. Payment

a. V For Vibes uses a third-party payment processor (the “Payment Processor”) to handle credit card transactions. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms.

b. You agree that you are responsible for the payment of all amounts that accrue under your Account and/or in relation to the purchase of the Products. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred that arise out of or relate to payments that you authorize or accept on or through the Site, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

c. To the fullest extent permitted by law, you agree to waive all claims against V For Vibes and its affiliates related to any unauthorized payments made on, through, or in relation to your Account. You represent and warrant that any payment information you provide on or through the Site is current, complete, and accurate, and that you will promptly notify V For Vibes if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

d. Refunds and Exchanges. All sales and payments made on, through, or regarding the Site or any Products offered, marketed, sold, or provided on, through, or in relation to the Site are subject to the V For Vibes Shipping and Return Policy. You agree not to initiate a chargeback for any fees paid or payable under this Agreement. Since we have a clear and explicit Return Policy that you have agreed to prior to completing the purchase of any of our Products, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or V For Vibes receives a chargeback threat during or after your purchase, V For Vibes reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

4. Privacy

We care about the privacy of our clients. V For Vibes’s privacy practices are governed by V For Vibes’s privacy policy, the most updated copy of which can be found at https://vforvibes.com/terms-and-privacy/ (“Privacy Policy”). The Privacy Policy does not cover the information practices exercised by any third parties that V For Vibes does not own or control.

5. Security

V For Vibes cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services, content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

6. Third-Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by V For Vibes. V For Vibes does not endorse or assume any responsibility for any such third-party sites, information, materials, Products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that these Terms and V For Vibes’s Privacy Policy do not apply to your use of such sites. You expressly relieve V For Vibes from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that V For Vibes shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

You hereby agree to indemnify, release, and hold harmless Company, Company’s parents, subsidiaries, and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Site or any Products or services made available on, through, or in relation to the Site (including, without limitation, the Services), (c) your violation of the rights of or other injury to any third party, (d) injuries to persons or property (including yourself) resulting from your use or purchase of any Products; and/or (e) your breach of all or any part of this Agreement. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Site or Services.

  1. Indemnification

You agree to defend, indemnify and hold harmless V For Vibes (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Services in violation of these Terms; (b) your violation of any law or the rights of a third party; or (c) any use of the Products that caused injury or damage to yourself or a third party. This indemnification obligation will survive the termination of these Terms and your use of the Services.

8. No Warranty

a. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. V FOR VIBES, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b. V FOR VIBES MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT V FOR VIBES AND PARTNERS MAY PLACE ADVERTISEMENTS ON THE SERVICES. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE.

c. IF YOU ARE DISSATISFIED WITH THE SERVICES AND/OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ITS OR THEIR USE. V FOR VIBES MUST INSIST THAT YOU USE PRODUCTS ONLY ACCORDING TO THE SPECIFIC INTENT OF THE ORIGINAL DESIGN. YOU MUST NOT USE ANY DAMAGED, DEFECTIVE, ABUSED, OR MISUSED PRODUCT. YOU UNDERSTAND AND AGREE THAT V FOR VIBES IS IN NO WAY LIABLE FOR ANY USE OR MISUSE OF THE PRODUCTS WHETHER ALONE OR IN CONJUNCTION WITH OTHER PRODUCTS. YOU MUST USE THE PRODUCTS PROPERLY, SAFELY, AND IN ACCORDANCE WITH ALL INSTRUCTIONS FOR USE AS WELL AS APPLICABLE LAWS, RULES, AND REGULATIONS. YOU ALONE ARE RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGES TO YOURSELF OR OTHERS.

d. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL V FOR VIBES, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF V FOR VIBES HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, V FOR VIBES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL V FOR VIBES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO V FOR VIBES HEREUNDER OR $100.00, WHICHEVER IS
  1. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE
  1. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

10. Governing Law and Dispute Resolution

  1. Governing Law; Limitation of Claims. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action against V For Vibes arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.
  2. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND V For Vibes HAVE AGAINST EACH OTHER ARE RESOLVED.
  3. We strongly encourage you to first contact us directly to seek a resolution of any dispute or claim by emailing customercare@vforvibes.com. You and V For Vibes agree that any and all disputes or claims that have or may arise between you and V For Vibes shall be resolved exclusively through final and binding arbitration, rather than in court.
  4. The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.
  5. the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
  6. the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
  7. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Miami-Dade County, Florida.
  8. Expenses and Attorneys’ Fees. In the event any action is brought to enforce any provision of these Terms or to declare a breach of these Terms, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.
  1. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  1. DMCA Notice

We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:

  • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material.
  • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
  • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Include your name, mailing address, telephone number, and email address. You may submit your notification of alleged copyright infringement by email to customercare@vforvibes.com.

13. General

a. Notification Procedures and Changes to the Terms. V For Vibes may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by V For Vibes in our sole discretion. V For Vibes reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. V For Vibes is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. V For Vibes may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.

b. Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

c. Entire Agreement / Severability. These Terms shall constitute the entire agreement between you and V For Vibes concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect

d. No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and V For Vibes’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

e. Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any Products and services.

  1. Section headings are for reference only, and shall not be construed as substantive parts of the Terms. Each capitalized term used in these Terms shall have the meaning attributed to it in any part of these Terms.
  1. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination.

h. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any attempted transfer or assignment in violation hereof shall be null and void.

Contact Us. Please direct any questions you may have about the Site or this Agreement to customercare@vforvibes.com.