Terms Of Use

GrowthVIBE welcomes you.

Effective Date: These Terms of Use were last updated on January 13 , 2015.

These Terms of Use also incorporate the terms contained in the following policies:

  • Privacy Policy http://growthvibe.com/privacy/ and
  • Cookie Policy http://growthvibe.com/cookie-policy/
  1. Acceptance of terms

By accessing and using the Growthvibe.com Services you accept the Terms of Service and agree to be bound by the TOS terms and provision.

You may access these terms of service by clicking the link “Terms of Service” on the Growthvibe.com Service homepage, accessible at http://growthvibe.com/.

  1. Modifications to Terms of Service

GrowthVIBE may change the terms and conditions of the TOS without prior notice nor posterior notification to the users. Changes to the TOS will be signaled to The User upon login at the GrowthVIBE site on a good faith principle. Changes to the TOS will also be announced on GrowthVIBE’s blog, accessible at http://growthvibe.com

  1. Service Description

GrowthVIBE is a blog service. The provided service allows for viewing, editing(only for contributors) and publishing editing(only for contributors) of the blog content, namely: posts, categories, photo albums, post/photo comments, blogrolls, personal profiles.

  1. Modifications to Service

GrowthVIBE may change the provided service without prior notice nor posterior notification to The User. Changes to the service will be signaled to The User upon login at the GrowthVIBE site on a good faith principle.

  1. User Identification

GrowthVIBE identifies the user by the email and password provided during registration phase. After successfull login, all actions are considered to be taken by the user.
(i) The guarantee of confidentiality of the email and password used to login at GrowthVIBE is sole responsability of the user.
(ii) In the event of loss of the password by the user, GrowthVIBE may send a password recovery message to the email provided during registration. The guarantee that only the user may read this message is the sole responsability of the user.
(iii) GrowthVIBE will offer no password recovery channel other than submission of a new password to the registered email.

  1. Privacy Policy

The Privacy Policy is published in a separate document, available at http://growthvibe.com/privacy/.

  1. Content Ownership

7.1 Licence to Reproduce

Content published by the the user via GrowthVIBE’s services is owned by the user. Usage of the user’s content by GrowthVIBE is allowed for marketing and publishing purposes, unless said content is marked as private.

7.2 Indemnity

You agree to indemnify and hold GrowthVIBE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7.3 User Responsibility

The user is entirely responsible for the content of, and any harm resulting from, the Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
(i) The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
(ii) The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(iii) The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(iv) The Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
(v) Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
(vi) Your content is not named in a manner that misleads your readers into thinking that you are another person or company.

7.4 Content Removal

Content published by the user is not pre-screened by GrowthVIBE. GrowthVIBE shall have the right, in their sole discretion, to refuse publication or remove from their systems, of Content published by The User.

  1. Advertisement

GrowthVIBE is userized to insert advertisement into content pubilshed by the user. Advertisement shall take the form of advertisement banners. Advertisement shall be clearly marked as such in published pages.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GROWTHVIBE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) GROWTHVIBE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, GROWTHVIBE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNUSERIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. GROWTHVIBE DOES NOT WARRANT THAT:
(i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GROWTHVIBE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GROWTHVIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNUSERIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  1. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Acceptable Use Policy

Blog requires all of its users to be respectful of other people. If you notice any violation of these Terms of Use (including this Acceptable Use Policy) or other unacceptable behavior by any user, you should report such activity to Blog at abuse@growthvibe.com.

  1. Infringement Notice

Materials may be made available via the Service by third parties not within our control. Blog is under no obligation to, and does not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, Blog respects the intellectual property rights of others. It is Blog’s policy not to permit materials known by it to infringe another party’s intellectual property rights to remain on the Service.

If you believe any materials on the Service infringe third party intellectual property rights, you should provide Blog with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material 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 that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

All take down notices should be sent to copyright@growthvibe.com

It is Blog’s policy to terminate relationships regarding content with third parties who repeatedly infringe the intellectual property rights of others.

  1. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
  2. The failure by Blog to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.
  3. Blog’s rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Blog’s right to exercise any other right or remedy.

Contact Information. Should you have any questions please contact terms@growthvibe.com.

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