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Last Revised 21/08/2007
Under the terms of this agreement your placement of information materials or use of the VibraOnline.com web site or network is an acknowledgement that you have read and understand this agreement and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not place any information or materials of any kind on the VibraOnline.com web site or network.
VibraOnline.com is a music service that provides high quality music in each of the genres covered. This service is operated by Vibra Music Pty Ltd, doing business as VibraOnline.com. (hereinafter referred to as “VibraOnline.com”). VibraOnline.com is also referred to in these terms of use as “we”, “our” and “us”. By using the VibraOnline.com Website (hereinafter referred to as the "Website") you agree to be bound by these Terms of Use (hereinafter referred to as the "Agreement"), whether or not you register as a member (hereinafter referred to as a "Member" and/or as “Membership”). If you wish to become a Member, communicate with other Members, download and upload media and make use of the VibraOnline.com services (hereinafter referred to as the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. VibraOnline.com may modify this Agreement at our discretion and such modification shall be effective upon posting by VibraOnline.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Vibra Music policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and Vibra Music Privacy Policy which you must view and accept prior to membership.
Please choose carefully the information you post on VibraOnline.com and that you provide to other Members. Your VibraOnline.com profile may not include the following items: any photographs, images or other material posted by you containing nudity, violence, or subject matter deemed offensive in the sole opinion and discretion of VibraOnline.com. Information provided by other VibraOnline.com Members (for instance, in their profile) may contain inaccurate, inappropriate or offensive material, products or services and VibraOnline.com assumes no responsibility or liability for this material.
VibraOnline.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by any party, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. There are absolutely, under no circumstances NO REFUNDS..
By participating in any offline VibraOnline.com event, you agree to release and hold VibraOnline.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline VibraOnline.com event.
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Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Member represents to be at least 14 years of age and agrees to be the person legally responsible for use of this account. Member agrees to supply VibraOnline.com with a current and truthful name, email address, postal address and telephone number for our records, and has a continued obligation to keep this information current. Member represents to be an authorized user of any credit card that Member supplies to VibraOnline.com and agrees that VibraOnline.com has an obligation to investigate any possible fraudulent credit card use. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
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Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your Membership at any time, for any reason by following the instructions on the member account page. VibraOnline.com may terminate your Membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to VibraOnline.com. If VibraOnline.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after Membership is terminated, this Agreement will remain in effect, including sections 4, 5, 7 and 9-14. VibraOnline.com's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that VibraOnline.com reserves the right to charge for the Service and has the right to terminate a Member's Membership, with or without notice, should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
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Non-Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of VibraOnline.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges, with or without notice. Appropriate legal action will be taken by VibraOnline.com for any illegal or unauthorized use of the Website.
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Proprietary Rights in Content on VibraOnline.com. VibraOnline.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of VibraOnline.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
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Content Posted on the Site. a. You understand and agree that VibraOnline.com may review and delete any content, messages, VibraOnline.com Messenger messages, photos or profiles (hereinafter collectively referred to as "Content") that in the sole judgment of VibraOnline.com violate this Agreement or which in the sole judgment and opinion of VibraOnline.com may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member or of the public in general, and . b. You are solely responsible for the Content that you publish or display (hereinafter referred to as "Post") on the Service or any material or information that you transmit to other Members. c. By posting any Content to the public areas of the Website, you hereby grant to VibraOnline.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you Post on the Website. d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. VibraOnline.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the Membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) for band profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile. e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses with the exception of Venues and Galleries. g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service, except those that are specifically endorsed or approved by the management of VibraOnline.com. You may not transmit any chain letters or junk email to other Members. Although VibraOnline.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, VibraOnline.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which VibraOnline.com deems appropriate in its sole discretion. h. You may not cover or obscure the banner advertisements on your personal profile page, or any VibraOnline.com page via HTML/CSS or any other means. i. Any automated use of the system, such as using scripts to add friends, is prohibited. j. You may not attempt to impersonate another user or person who is not a Member of VibraOnline.com. For band profiles, you may not copy the code for your VibraOnline.com Player and embed it into other profiles or ask other Members to embed it into their profiles. l. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. m. You may not sell or otherwise transfer your profile.
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User Conduct. VibraOnline.com services may only be used for lawful purposes. Use of these services which violates any local, state, federal or international laws which may apply to VibraOnline.com, your local jurisdiction or any jurisdiction that you may be subject to is strictly prohibited. You may not use the VibraOnline.com web site or network to:
a. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws; or
b. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material).
7. Improper Conduct. VibraOnline.com users should use caution and good judgment when leaving feedback on the web site. What you write is published on the web site and becomes a permanent part of the published web site reviewed by the general public. VibraOnline.com reserves the right, but no obligation, to remove or edit any content. VibraOnline.com may deny you access to all or part of the web site or network without notice if you engage in any conduct or activities that VibraOnline.com, in its sole discretion, believes violates any of the terms and conditions in this agreement. VibraOnline.com shall have no responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that VibraOnline.com has the right, but no obligation, to monitor the site electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself. VibraOnline.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
8. DMCA Notice. In the event that Member posts, or otherwise makes accessible, communications or other materials that infringe the copyrights of a third party, VibraOnline.com reserves the right to terminate Member’s access to the Service in accordance with VibraOnline.com’s copyright infringement policy pursuant to the Digital Millennium Copyright Act. Members may contact VibraOnline.com with complaints regarding alleged infringement relating to posted material and VibraOnline.com will investigate those complaints. If the posted material is believed in good faith by VibraOnline.com to violate any applicable law, VibraOnline.com will remove or disable access to any such material and notify the posting Member that the material has been blocked or removed in accordance with these terms and conditions. If your work has been copied or posted on the website or Service in a way that constitutes copyright infringement, please comply with VibraOnline.com Procedure for Making Claims of Copyright Infringement.
9. Member Disputes. You are solely responsible for your interactions with other VibraOnline.com Members. VibraOnline.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy, which you must view and accept prior to membership.
11. Disclaimers. VibraOnline.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. VibraOnline.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. VibraOnline.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. VibraOnline.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or at any website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or uploading materials or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall VibraOnline.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and VibraOnline.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. VibraOnline.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
12. Limitation on Liability. IN NO EVENT SHALL VibraOnline.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF VibraOnline.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VibraOnline.com.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO VibraOnline.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. VibraOnline.com IS NOT RESPONSIBLE FOR ARTIST OR BAND NO SHOWS AND VENUE NON PAYMENTS TO ARTISTS OR BANDS.
13. No Warranties. THIS SITE IS PROVIDED BY VibraOnline.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. VibraOnline.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. WE EXPRESSLY AGREE THAT ANY USE OF THIS SITE IS AT YOUR SOLE RISK. VibraOnline.com DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS, UNAPPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLIED TO USE, SOME, OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLIED TO YOU, YOU MAY HAVE ADDITIONAL RIGHTS.
14. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of New South Wales without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New South Wales.
16. Indemnity. You agree to defend, indemnify and hold VibraOnline.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to arising out of your use of caused by, or resulting directly or indirectly from the Service and/or the Website and/or from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
17. No Interference with Operation of System. You agree not to maliciously or intentionally interfere with the proper operation of the VibraOnline.com system, web site, network or including, but not limited to, obtaining access beyond that which you are authorized, or impairing the availability, reliability, or quality for others. You agree to abide by any and all future VibraOnline.com policy decisions.
18. Security. You agree that the security of your account is solely your own responsibility. You shall be held fully responsible for any misuse or compromise to your account for which VibraOnline.com is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, VibraOnline.com has the right to suspend your access, pending an investigation and resolution. You also agree VibraOnline.com has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you.
19. JURISDICTION. This agreement shall be governed by the laws of the State of New South Wales and you agree to be subject to the jurisdiction of the state and federal courts. You agree that the state and federal courts of New South Waler are the exclusive jurisdiction for any dispute against VibraOnline.com, its employees or the owners and operators of the web site service, or any dispute arising out of this agreement.
20. Other. This Agreement is accepted upon your use of the Service and/or the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and VibraOnline.com regarding the use of the Website and/or the Service. The failure of VibraOnline.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Procedure for Making Claims of Copyright Infringement
VibraOnline.com respects the intellectual property of others, and we ask all members and users of this service to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
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the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
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a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
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identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
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identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
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your name, address, telephone number, and email address.
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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.
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a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
By email:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
This contact information is only for reporting copyright infringement.
Contact information for other matters is provided elsewhere on this site.
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