These Terms constitute a binding and enforceable legal contract between Vibrant Data. (“Vibrant Data” or “We”) and you (“User” or “you”) in relation to the use of any Vibrant Data Services – so please read them carefully.
Subject to these Terms, we grant to you a limited, non-exclusive and non-transferable license to use our Services for your own use and not for resale or further distribution. Your right to use Vibrant Data is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, Vibrant Data and its licensors retain all right, title and interest in and to our Services. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not authorize any third party to modify, reproduce, translate, decompile, disassemble, reverse engineer or create derivative works of Vibrant Data. You are not authorized to rent, lease or sub license access to any of our Services; or circumvent or disable any security or technological features or measures of our Services.
All actions taken after we provide our Service (the data your purchased) and all activities occurring will be deemed to be on your behalf and in your name, and are your responsibility. The account information you provide us must be your own (or your company’s), and be accurate and complete, as we may use it to identify the actual owner of the User Account submitted to us. In case a User Account is disputed, we reserve the right to determine the ownership of such User Account based on our reasonable judgment.
ACCESS TO THE SERVICES
Vibrant Data does not provide the equipment to access our Services. You are held responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
Vibrant Data reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our services without notice. Vibrant Data will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.
Vibrant Data also reserves the right, in our sole discretion, to reject, refuse service, or delete any User data, and to restrict, suspend, or terminate your access to our services at any time, for any reason, without prior notice, and without liability.
You shall use our Services only in compliance with all applicable laws, including any applicable data protection and privacy laws, and the terms of this Agreement. You shall not and shall not permit or authorize any third party to: (i) copy, rent, sell, lease, sublicense, distribute, assign, or otherwise transfer or encumber rights to our Services, use our Services for the benefit of any third party, or make our Services available to anyone other than its Users; (ii) use our Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, or to process, send or store Sensitive Information, infringing or unlawful material, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (iii) circumvent or disable any digital rights management, usage rules, or other security features of the Services, or otherwise attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services or the data contained therein; (iv) modify, copy, translate, enhance, decompile, disassemble, reverse engineer or create derivative works based on our Services, or any portion thereof; (v) access or use our Services for the purpose of building a competitive product or service or copying its features or user interface; (vi) remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the Services; or (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services.
“Sensitive Information” shall mean (a) information under regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards), including, but without limitation, financial account numbers, debit or credit card information, magnetic stripe data, or card verification values; (b) government issued personal identifiers, including, but without limitation, passport numbers, or other state issued identification numbers; (c) bio-metric identifiers, including without limitation, genetic data or health data; (d) personally identifiable information collected from children under the age of 13 or from online services directed toward children; (e) real time geo-location data which can track or identify an individual’s precise movements; (f) passwords, authentication/authorization credentials, business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications); export-controlled information for which you have not obtained all required export licenses or government approvals; or (h) other information the unauthorized disclosure of which could cause material, severe, or catastrophic harm or impact to any data subjects or third parties.
You must provide current, complete and accurate billing and credit card information, and agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible to pay.
Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). You are responsible for payment of all Taxes associated with its purchases hereunder, and any related penalties and interest. If your payment fails, and after we have reached out to you, Vibrant Data reserves the right to suspend or terminate access to the Application Services and delete the User Content.
Vibrant Data is designed to enable you to learn more about how your visitors (your “Visitors”) use your website or product by giving you the ability to collect information based on their interaction.Vibrant Data does this in part using a tracking code placed on your User’s device from your server. Some information is automatically collected from or about your Visitor when you use our Services. If you integrate the official Vibrant Data tracking code in your product or website it may by default collect Visitor data including but not limited to: the time of an event, the elements a Visitor has interacted with, metadata and other details about these elements, and how a Visitor came to your site.
We collect, store, and use your Visitor data on our servers to provide you with the ability to better maintain and improve your Services. We may also use data in an aggregated form for our own purposes.
Our Services transfer data to servers that store User data in the U.S. and outside the U.S. We only share User information with others under special circumstances as follows
* To comply with laws or to respond to lawful requests and legal process (provided that Vibrant Data will endeavor to notify you if Vibrant Data has received a lawful request for your information);
* In an emergency, including to protect the personal safety of any person; And for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding).
Vibrant Data may also collect registration and other information about you as our customer.
Due of the nature of our service, we can not issue a refund.
Upon termination, Your right to use the Service will cease immediately.
You may elect not to renew your subscription by requesting Vibrant Data to deactivate or delete your membership at least 30 days prior to the start of a renewal subscription term. Your obligation to pay charges and fees accrued up to the date of termination shall survive any termination of this Agreement. Vibrant Data may also terminate your User Account with or without cause at any time. In that case, Vibrant Data shall notify you via email to your registered email account. We may immediately terminate this Agreement if you: (i) terminate your business activities or become insolvent; (ii) admit in writing to the inability to pay your debts as they mature; (iii) make an assignment for the benefit of creditors; (iv) become subject to direct control of a trustee, receiver or similar authority; or (v) do not pay the fees when due in accordance with your Subscription Plan.
The Application Services or Documentation may display, contain links to, or connect with third-party products, services, and websites (collectively, “Third-Party Services”). Any statements, services, offers, or other information that constitutes part of the Third-Party Services made available by other users or other third parties on the Application Services or Vibrant Data Sites, or which are accessible through or may be located using the Application Services are those of the respective authors or producers and not of Vibrant Data or its stockholders, directors, officers, employees, agents, or representatives. Vibrant Data does not control Third-Party Services and does not guarantee the accuracy, integrity or quality of such Third-Party Services. Third-Party Services are governed solely by the terms and conditions of those Third-Party Services and Vibrant Data is not responsible for the performance of and does not endorse any Third-Party Services or any information or materials advertised in any Third-Party Services. Vibrant Data is not responsible or liable, directly or indirectly, for any damage or loss caused to User by User’s use of or reliance on any Third-Party Services. It is User’s responsibility to evaluate the information, opinion, advice, or other services available on and through the Application Services.
Vibrant Data does not provide the equipment required to access the Application Services. User is responsible for all fees charged by third parties related to User’s access and use of the Application Services (e.g., charges by Internet service providers).
When you visit Vibrant Data’s website or send emails to us, you are communicating with Vibrant Data electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Vibrant Data may provide you with a mechanism to provide feedback, suggestions, and ideas (“Feedback”). You agree that we may, in our sole discretion, use your Feedback to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with Vibrant Data.
The Vibrant Data logo, and any other product or service name or slogan displayed on the Services are trademarks of Vibrant Data and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vibrant Data. You shall not use any meta tags or any other “hidden text” utilizing Vibrant Data or any other name, trademark or product or service name of Vibrant Data without prior written permission. In addition, the look and feel of Vibrant Data, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of Vibrant Data and may not be copied, imitated or used, in whole or in part, without prior written permission.
AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Vibrant Data, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Vibrant Data provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service.
Vibrant Data reserves the right, at its sole discretion, to modify or replace any part of this Agreement. You will be held responsible to check this Agreement periodically for changes. Your continued use of or access to Vibrant Data following the posting of any changes to this Agreement constitutes acceptance of those changes.
Vibrant Data may also offer new services in the future and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
WARRANTIES; DISCLAIMER OF WARRANTIES
Vibrant Data warrants you that our Services will perform materially in accordance with the documentation that accompanies or is available for the Services. Vibrant Data’s sole liability and User’s exclusive right and remedy for a breach of the foregoing warranty is for Vibrant Data to correct or reperform the nonconforming Services.
You warrant that you own or obtained all necessary rights, title, and interest, and obtained all necessary consents, to transfer the User Data to Vibrant Data and its data center provider(s) for the purpose of processing such Customer Data in accordance with this Agreement.EXCEPT AS SPECIFICALLY PROVIDED HEREIN, USE OF THE SERVICES PROVIDED BY VIBRANT DATA INCLUDING BUT NOT LIMITED TO THE SERVICES, ANY PROFESSIONAL SERVICES AND CUSTOMER SUPPORT SERVICES IS AT CUSTOMERS’ SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIBRANT DATA AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VIBRANT DATA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ITS SERVICES, AND CUSTOMER RELIES ON SUCH SERVICES AT CUSTOMER’S OWN RISK. NEITHER DOES VIBRANT DATA GUARANTEE THE ACCURACY, USABILITY, COMPLETENESS, OR USEFULNESS OF ANY CUSTOM REPORT, AND USERS USES CUSTOM REPORTING FEATURES AT USER’S OWN RISK. ANY MATERIAL THAT USER ACCESSES OR OBTAINS THROUGH VIBRANT DATA’S SERVICES, INCLUDING USER CONTENT, IS DONE AT USER’S OWN DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM VIBRANT DATA OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
VIBRANT DATA WILL 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify and hold harmless Vibrant Data from any costs, damages, expenses, and liability caused by your use of our Services, User’s violation of this Agreement, User Content, or User’s violation of any rights of a third party through the use of our Services.
This Terms and Conditions was last updated on 02/21/2022.