Terms of service
VIBEALLEY.COMΒ TERMS OF USE
Acceptance of the Terms of Service
Welcome to Vibe Alley (βWeβ or βUsβ or βOurβ the βCompanyβ). We are excited to have you as a user and member of Our community. The following terms and conditions (collectively, these βTermsβ or herein the βAgreementβ) apply to your use of this website including any content, functionality, transactions, and services offered by Vibe Alley (the βWebsiteβ or βVibe Alleyβ). The Website is maintained and operated by Vibe Alley, a Corporation organized and existing under the laws of the State of Ohio. The Terms of Service also include our Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use and disclosure), which is incorporated into this Agreement and are part of these Terms.
We want to keep our relationship with you as personable and clear of legalese as possible, but please read the Terms carefully before you start using the Website. By using the Website you accept and agree to be bound and abide by these Terms of Service. You must agree to and accept all of the Terms of Service, or you donβt have the right to use our Service.
PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
1. Changes to the Terms of Service and the Website and Notices
We reserve the right to update the Website and these Terms of Service periodically, at our discretion and without any notice. Yet, this document is public onΒ www.vibealley.com, and you will be able to track the changes of any new version. Your continued use of the Website following the publishing of an updated Terms of Service means that you accept and agree to the changes. We will make every attempt to notify you of the changes to the Terms of Service, however, it is your responsibility to ensure that you keep your contact information updated on the Website. Except for changes by us as described here, no other amendment or modification of these terms will be effective unless in writing and signed by both parties.
2. Accessing the Website, Security, and Privacy
We attempt to improve and maintainΒ www.vibealley.com, yet, we can't guarantee that the Website will be up and running 24 hours 7 days a week, as problems do occur. We also reserve the right to suspend or restrict access to some features to some users if they fail to abide by the Terms of Service. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time, nor for any data loss that is beyond Our control. To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential and not disclose it to anyone else. There is a password reset procedure if you forget your password, but please notify us of any breach of security. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You may be asked to provide certain registration details or other information to confirm your identity. We reserve the right to disable any user account, at any time and in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. We use SSL encrypted browsing for all logged-in users, yet we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy that you can review in detail here:Β www.vibealley.com/pages/privacy-policy.
To use the services, you agree that: (1) you are the βMinimum Ageβ (defined below) or older; (2) you will only have oneΒ www.vibealley.comΒ account, which must be in your real and legal name; and (3) you are not already restricted by Us from using the services.
βMinimum Ageβ means 13 years old with parental consent. However, if law requires that you must be older in order forΒ www.vibealley.comΒ to lawfully provide the services to you (including the collection, storage and use of your information)Β then the Minimum Age is such older age. The Website and its services are not for use by anyone under the age of 13. For paid purchases, and when using credit card services, you must be a minimum of 18 years.
When you share information on the Website, others may see, copy, and use that information. Our services allow messaging and sharing of information. Information and content that you share or post may be seen by other individuals, businesses or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. Note that other activities, such as sending messages, are by default private, are only visible to the addressee(s).
We are not obligated to publish any information or content on our service and can remove it in our sole discretion, with or without notice. You are obligated to follow state or federal laws when sharing information including copyrights, trademarks, or intellectual property, etc.
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to use it. You promise to only provide information and content that you have the right to share, and that yourΒ www.vibealley.comΒ page will contain only information that is truthful.
As between you and the Company, you own the content and information that you submit or post on the Website, but you are granting Us the rights to use, copy, modify, distribute, publish, and process, information and content that you provide through the Website, without any further consent, notice and/or compensation to you or others.
You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings. By submitting suggestions or other feedback regarding Our services to Us, you agree that We can use and share (but do not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain cases.
3. Nature of your use of and Purchases on the Website.
The Website is designed for young girls to use with the supervision and permission of their parents or legal guardians. It is intended that the users will subscribe and purchase the service, which is to receive periodically and on a regular basis a box in the mail filled with trendy and fun products.
You will be responsible for paying, withholding, filing and reporting all taxes, duties and other government assessments associated with your activity in connection with the Services.
When you create an account on the Website, the information you provide to Us is gathered by the Website. Before you can use our services, you must register with Us. The information you must provide includes: your full, legal name; age; email address; user name created by you; a password created by you; credit card or banking account information; billing information including your street address; and other information you enter into the Website.
We reserve the right to use the information that you provide while using the Website to contact you periodically. The reasons We might contact you include providing you with vital information, sending you required notices, and offering you marketing promotions.
Vibe Alley offers subscription plans (βSubscription(s)β) pursuant to which you will receive regular shipments of our trendy and fun products. Subscriptions consist of an initial monthly product box (each, a βBoxβ) and an additional monthly Box sent out monthly thereafter β monthly boxes are charged on the 28th of the month for monthly, and every 3 months for PrePaid 3 Month Subscriptions and every 6 months for PrePaid 6 Month Subscriptions.
If you sign up for a Monthly Membership, you will be immediately billed $36.95 (as a non-refundable minimum purchase) and that month's Box will be the first box you will receive. The specific box you receive as a first-time subscriber is subject to availability. Thereafter, your credit card will be charged on the 28th of each billing cycle (monthly, 3 prepaid monthly or 6 prepaid monthly) up to three weeks in advance of the subsequent season Box shipment date.Β When you subscribe to a Vibe Alley subscription box you agree to all terms and conditions and acknowledge that all membership/ subscription auto renew.Β Subscribers are free to cancel without penalty any time prior to the renewal date.Β No refunds are issued on orders where the customer forgets to cancel prior to the renewal date.Β SubscriptionsΒ are continuous and automatically renew, unless you cancel or we terminate your account.Β Β
Subscriptions
Monthly SubscriptionsΒ automatically renew each βmonthβ on the 28thΒ (calendar month) and, unless you cancel before the renewal date, you will be charged as described above.
3 Month Prepaid SubscriptionsΒ automatically renew every 3 months on the 28thΒ (calendar months) and, unless you cancel before the renewal date, you will be charged as described above.
6 Month Prepaid SubscriptionsΒ automatically renew every 6 months on the 28thΒ (calendar months) and, unless you cancel before the renewal date, you will be charged as described above.
12 Month Prepaid Memberships doΒ not auto renew.Β
If you purchase gift boxes and items from The Shop, all items are non refundable and non returnable.
4. Payments
Payments shall be processed through our site and shall be in the form you select when you either submit an order form or you register a paid service. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending Our reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the subscription service. If you dispute any payment made hereunder, you must notify Vibe Alley in writing within thirty (30) days of such payment. Failure to notify Us will result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Us. No other measurements or statistics of any kind shall be accepted by Us or have any effect under this Agreement. We have the right to charge your account as payment for product shipped and received regardless of dispute results included, but not limited to any and all fees or fines charged from chargebacks or disputes.Β Β We may withhold any taxes or other amounts from payments due to you as required by law.Β Β
5.Β Your use ofΒ www.vibealley.comΒ is at your sole risk. The service is provided βas isβ and βas available.β We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify, and hold us harmless from any claims, losses, liability costs, and expenses (including but not limited to reasonable attorney's fees) arising from your violation of any third-partyβs rights. You acknowledge that you have only a limited, non-exclusive, non transferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in a way which might result in any loss of your or any third partyβs property or information.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT PURCHASE MADE BY YOU, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE COMPANY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We are not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
6. Term and termination
These Terms of Service will become effective in relation to you when you create aΒ www.vibealley.comΒ account or when you start using theΒ www.vibealley.comΒ Service and will remain effective until terminated by you or Us. You may cancel your account onΒ www.vibealley.comΒ at any time by visiting your account page via the online customer portal and choosing terminate account, and such termination shall have effect immediately. You will forfeit any and all unused deliveries pursuant to the provisions herein, which will be terminated once you terminate your account with Us. We will not refund any amount that you paid for any subscription services. We reserve the right to terminate this Agreement with you or suspend yourΒ www.vibealley.comΒ account at any time in case of unauthorized, or suspected unauthorized, use of theΒ www.vibealley.comΒ services whether in contravention of this Agreement or otherwise. IfΒ Β www.vibealley.comΒ terminates this Agreement, or suspends yourΒ www.vibealley.comΒ account for any of the reasons set out in this section,Β www.vibealley.comΒ shall have no liability or responsibility to you, and We will not refund any amounts that you have previously paid.
7. Intellectual property
We honor intellectual property rights, and expect you to do the same. TheΒ www.vibealley.comΒ Website and the content provided through the Website is the property of the Company or its licensors and is protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use theΒ www.vibealley.comΒ service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in usingΒ www.vibealley.com. Further, you may not remove or alter any copyright, trademark, or other intellectual property notices contained on or provided through theΒ www.vibealley.com.
8. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via theΒ www.vibealley.comΒ Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Vibe Alleyβs designated copyright agent at the following address: Vibe Alley, 55502 Township Road 87, Fresno, OH 43824. A notification of claimed copyright infringement must be addressed to the Companyβs copyright agent listed above and include the following: a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; specific identification of each copyrighted work claimed to have been infringed; a description of where the material believed to be infringed is located onΒ www.vibealley.comΒ or the (please be as detailed as possible and provide a URL to help us locate the material you are reporting); contact information for the complaining party, such as a complete name, address, telephone number, and email address; a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Technology limitations and modifications
We will make reasonable efforts to keep the Website and its services operational. However, certain technical difficulties or maintenance may periodically result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions, services, and features of theΒ www.vibealley.comΒ with or without notice.
10. Assignment
We may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
11. Entire agreement
This Agreement, together with theΒ www.vibealley.comΒ Privacy Policy and theΒ www.vibealley.comΒ Waiver contained on the Website (the βAgreementsβ) constitutes, all the terms and conditions agreed upon between you andΒ www.vibealley.comΒ and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you toΒ www.vibealley.comΒ are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made byΒ www.vibealley.comΒ not contained in this Agreement.
12. Severability
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
13. Choice of Law, Venue, and Waiver of class action rights; limitations period; venue and choice of law
In the unlikely event, we end up in a legal dispute, it will take place in Ohio courts, applying Ohio law. You agree that the laws of the State of Ohio, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement. The Company and you both agree that all of these claims can only be litigated in the federal or state courts of Coshocton County, Ohio, USA, and we each agree to personal jurisdiction in those courts. If you do not agree to this clause you are asked NOT to useΒ www.vibealley.comΒ or its services. If you DO useΒ www.vibealley.comΒ or its Services or Products, you agree to this clause.
14. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
15. How to Contact Us
Vibe Alley Inc., the owner of the Website, is an Ohio Corporation with its registered agent at:Β 55502 Township Road 87, Fresno, Ohio 43824 and we may be contacted atΒ info@vibealley.com.