Terms of Service

Agreement to Terms

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and BackerVibe, doing business as BackerVibe ("BackerVibe", "we", "us", or "our"), concerning your access to and use of the backervibe.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Therms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure thet you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accpeted, the changes in any revised Terms of Use by continued use of the Site after the date such revised Terms of Use are posted.

 

The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site.

 

Uer Representations

 

By using the Site, you represent and warrant that:

 

1.  all registration information you submit will be true, accurate, current, and complete.

2.  you will maintain the accuracy of such information and promptly update such registration information as necessary.

3.  you have the legal capacity and you agree to comply with these Terms of Use.

4.  you are not a minor in the jurisdiction where you reside.

5.  you will not use the Site for any illegal or unauthorized purpose.

6.  your use of the Site will not violate any applicable law or regulation.

 

We have the right to suspend or terminate your account and refuse any and all current or future use of the Site if you provide any information that is untrue, inaccurate, not current, or incomplete.

 

User Registration

 

Users are responsible for maintaining the credentials of their User accounts, and BackerVibe will have no liability if such credentials are lost or stolen. Each User hereby agrees to notify us immediately if their User account has been used without authorization or if they become aware of any other breach of security of their User account. Each User also agrees to provide such additional information that BackerVibe may reasonably request and to answer truthfully and completely any questions BackerVibe might ask in order to verify such User's identity.

 

Campaign Creator's Responsibilities

 

Each Campaign Creator's responsibilities include but not limited to the following:

 

· Campaign Creators are permitted to offer rewards to backers

· Campaign Creators will respond promptly and truthfully to all questions posed to them by BackerVibe or any Backer

· Campaign Creator will comply with all applicable laws and regulations in the use of pledges and delivery of rewards

 

Backer's Responsibilities

 

Each Backer's responsibilities include but are not limited to the following:

 

· Backers and all Users are solely responsible for asking questions and invertigating Campaign Creators and Campaigns to the extent they determine necessary before making a pledge.

 

· All pledges are made voluntarily and at the sole discretion and risk of the backer. BackerVibe makes no assertions, warranties or guarantees whatsoever about any pledge. BackerVibe does not guarantee that Campaign Creators will deliver rewards, or that any Campaign will achieve its goal. BackerVibe does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Reward or Pledge, or the truth or accuracy of content posted by any User on the Services.

 

· Backers are responsible for determining how to treat their pledges and receipt of any rewards for tax purposes.

 

Prohibited Activities

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

· Disparage, tarnish, or otherwise harm us and/or the Site.

· Make improper use of our support services or submit false reports of abuse or misconduct.

· Use the Site in a manner inconsistent with any applicable laws or regulations.

· Engage in unauthorized framing of or linking to the Site.

· Upload or transmit viruses, Trojan horses, or other material.

· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

· Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

· Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site.

· Use a buying agent or purchasing agent to make purchases on the Site.

· Make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicted email, or creating user accounts by automated means or under false pretenses.

· Sell or otherwise transfer your profile.

 

Contributions

 

While using the Services, Users may post photos, videos, text, audio, photographs, logos, artwork, comments, suggestions, or personal information or other material (collectively "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create any Contributions, you thereby represent and warrant that:

 

· Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyritgh, patent, trademark, trade secret, or moral rights of any third party.

· You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

· Your Contributions are not false, inaccurate, or misleading.

· Your Contributions do not violate any applicable law, regulation, or rule.

· Your Contributions do not violate the privacy or publicity rights of any third party.

· Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

 

Any use of the Site in violation of the foregoing violates these terms of use and may result in, among other things, termaintion or suspension of your rights to use the site.

 

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in more appropriate locations on theSite; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

Site Management

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use;(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

Copyright Infringements

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us. We will review all claims that we receive of copyright infringement. If we deem that any content is in violation of applicable laws, we will remove it.

 

Term and Termination

 

These Terms of Use shall remain in full force and effect while you use the Site. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Modifications and Interruptions

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reasonat our sole discretion without notice. However, we have no obligation to update any information on ourSite. We will not be liable to you or any third party for any modification, price change, suspension, ordiscontinuance of the Site. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify theSite at any time or for any reason without notice to you.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.

 

Disputes

 

Project Creators may be legally bound to perform on any promise and/or commitment to Backers (including delivering any Rewards). BackerVibe does not recognize any third party and/or agency affiliated with the Project or Project Creator. BackerVibe is under no obligation to become involved in disputes between Project Creators, Backers, Users, or any third party.

 

BackerVibe may from time to time, but is under no obligation to, help facilitate communication between Project Creators and Backers, including communication related to payment disputes. BackerVibe may attempt to help the parties in such a dispute move to a mutually satisfying resolution. The provision of any guidance by BackerVibe in any such dispute shall be considered common sense guidance and not expert, financial, or legal advice. Any guidance provided by BackerVibe to Project Creators, Backers, or Users shall not, under any circumstances, be construed as involvement by BackerVibe as a mediator, arbitrator, fiduciary, or any other legally meaningful role.

 

BackerVibe is under no obligation to become involved in disputes regarding the determination of a Project’s rightful Project Creator and will not be obligated to make any changes to Project Creator User Accounts or initiate any transfer of ownership.

 

In the event of any dispute involving an allegation by a Backer against a Project Creator, including, without limitation, an alleged failure by a Project Creator to fulfill a Reward, we may provide the Project Creator's contact information to the User(s) making such allegations so that the relevant parties may resolve their dispute; provided, that BackerVibe will comply with the Privacy Policy and not disseminate physical addresses for such purposes. Project Creators hereby consent to the dissemination of their contact information for such purposes.

 

Disclaimer

 

You agree that your use of the Site and our Services will be at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

BackerVibe its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Limitations of Liability

 

In no event shall BackerVibe, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Indemnification

 

You agree to defend, indemnify and hold harmless BackerVibe and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) your Contributions; c) a breach of these Terms; d) Content posted on the Service, or e) your violation of the rights of athird party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reservethe right, at your expense, to assume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

 

Links to Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by BackerVibe.

 

BackerVibe has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that BackerVibe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Miscellaneous

 

The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the Hong Kong. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Hong Kong with respect to any dispute or claim arising out of or in connection with this agreement.

 

Communications

 

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

Contact Us

 

If you have any questions, please email us at hello@backervibe.com.