THIS SERVICE IS FOR ADULTS ONLY (YOU MUST BE AT LEAST 18 YEARS OLD).
The YummyVibe portal service ("www.YummyVibe.com" or the "Service") is an telephone online medium through which individuals over the age of 18 can meet each other. YummyVibe portal service is provided by YummyVibe, Las Vegas, NV.
This is a legal agreement ("Agreement") between you and YummyVibe. Please read the Agreement carefully before registering for the phone portal service. By registering for YummyVibe portal service, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the YummyVibe portal service.
The terms are subject to change by YummyVibe at any time, effective without notice. Minors may not become members. When you register, and from time to time thereafter, YummyVibe will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
Either you or YummyVibe. may terminate your YummyVibe service at any time, for any reason, effective without notice. YummyVibe reserves the right to immediately suspend or terminate your access to the YummyVibe service, without notice, upon any breach of this Agreement by you which is brought to YummyVibe`s attention.
Your participation in the YummyVibe service is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Nor may you use your account to pass on contact information for another member. Only one profile per person is allowed.
ON-PHONE CONDUCT
As a Member, you agree that:
You will be assigned a membership number and asked to select a pass code. You are solely responsible for the confidentiality and use of your membership number and pass code and agree not to transfer or resell your use of or access to the Service to any third party. If you have reason to believe that your membership account is no longer secure, you must promptly change your pass code by updating your account information on the Member sign in web page, on the phone portal system or by contacting Customer Service at 888.701.0707 option 0. You are solely responsible for maintaining the accuracy of your membership account information and the confidentiality of your membership number and pass code, and for any and all activities that are conducted through your membership account.
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the YummyVibe portal service, or transmit to other YummyVibe members.
You will not post on the YummyVibe service, or transmit to other YummyVibe Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party`s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the YummyVibe service in a manner consistent with any and all applicable laws and regulations. - YummyVibe reserves the right, but has no obligation, to reject any profile that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to - buy or sell any products or services through the Service. You will not transmit any voice messages to other YummyVibe Members.
You are solely responsible for your interactions with other YummyVibe Members. YummyVibe reserves the right, but has no obligation, to monitor disputes between you and other Members.
INDEMNITY BY MEMBER
You will defend, indemnify, and hold harmless YummyVibe, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys` fees) relating to or arising out of your use of the YummyVibe service, including any breach by you of the terms of this Agreement.
ON-PHONE-LINE CONTENT
YummyVibe does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will YummyVibe be responsible for any loss or damage resulting from anyone`s reliance on information or other content posted on the YummyVibe or transmitted to YummyVibe members.
WARNING - PLEASE READ
It is possible that other YummyVibe Members or users (including unauthorized users, or "hackers") may post or transmit offensive, harassing or obscene materials on the YummyVibe service and that you may be involuntarily exposed to such offensive, harassing and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. YummyVibe is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the YummyVibe service or release to others.
YummyVibe reserves the right, but has no obligation, to monitor the materials posted in all areas of the YummyVibe portal service and website. YummyVibe shall have the right to remove any such material, or member, that violates, or is alleged to violate, the law, or this agreement. Notwithstanding this right of YummyVibe, you remain solely responsible for the content of the materials you post in the public areas of the service and your private messages.
PROPRIETARY RIGHTS
By posting information or content to any public area of YummyVibe, you automatically grant, and you represent and warrant that you have the right to grant, to YummyVibe and other YummyVibe Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER
YummyVibe will keep confidential all information supplied by you to YummyVibe, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
SERVICE TYPE
Free service allows one to place their profile in the phone system, to view unlimited profiles, receive messages, dedicate a music song, limited live chat, listen and reply to member messages.
COMPLAINTS
To resolve a complaint regarding the YummyVibe service, you should contact Customer Support at 1-888-907-0202.
TERMS AND CONDITION OF PURCHASE
- No refund will be made in the event of termination of Purchaser`s membership due to a violation of the Terms and Conditions of Service as outlined in there in.
- All disputes resulting from the purchase of membership or any other purchase made within the YummyVibe shall be brought to a binding arbitration in accordance with the rules of the Better Business Bureau and all such arbitration shall take place in Las Vegas, Nevada.
- By submitting a membership purchase, purchaser hereby acknowledges, that YummyVibe will not renew Purchaser`s subscription, automatically, every month, at the guaranteed renewal rate that applies to the purchase option chosen by Purchaser, until such time as Purchaser instructs YummyVibe to renew.
This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions in the "Member Services" option of the Service, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your membership at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination without cause, We shall refund, pro rata, any unused portion of any subscription payments that We have received from You.
FEES AND PAYMENTS
In order to use the Service, Users and Members may purchase pre-paid membership packages of minutes or charge their minutes on their telephone bills. Time is deducted or charged on a per-minute basis. Membership packages will be charged a 10 minute maintenance fee for each 30 day period that the membership was not used, calculated from the date of last use. Memberships (other than free memberships or trials) will be deactivated after 90 days of non-usage, but may be re-activated by the Member upon contacting customer services. Any minutes charged for maintenance fee during the period of non-usage will not be refunded. If your usage of the Service is terminated because of your breach of this Agreement or because of your voluntary deactivation or termination of your membership, any unused minutes will automatically and immediately be forfeited. Minutes and membership packages cannot be transferred from one Member to another Member. All free memberships or trials may be deactivated or terminated by the Company at any time.
You agree to pay or have paid all fees and charges incurred in connection with your use of the Service or your purchase of pre-paid membership packages (including any applicable taxes in connection with the purchase of the minutes or pre-paid membership packages) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The Company may change its pricing policy at any time, including its fees and charges in effect for using the Service, or add new fees or charges, by posting its new pricing policy on the Website from time to time.
Members and Users may use various payment methods to purchase minutes or membership packages, which are posted on the Website. The Company reserves the right to change the manner or method in which the Company charges Members for minutes or membership packages, and the method of payment which is acceptable to the Company, at the Company`s sole discretion. The terms of your payment will be based on your payment method and may be determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen payment method ("Payment Method Provider"). If the Company does not receive payment from your Payment Method Provider, you agree to pay immediately all amounts due to the Company from your use of the Service.
DISCLAIMER OF WARRANTY
YummyVibe provides the YummyVibe service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with YummyVibe or its representatives, or otherwise with respect to the service. YummyVibe specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. YummyVibe does not warrant that your use of the YummyVibe service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. YummyVibe disclaims liability for, and no warranty is made with respect to, service, including coverage, range, or any interruption in service.
LIMITATION OF LIABILITY
In no event will YummyVibe be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the YummyVibe service, even if YummyVibe or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, YummyVibe liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to YummyVibe for the service during the term of service.
In addition, YummyVibe disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the YummyVibe service.
GENERAL PROVISIONS
You agree that Nevada State (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to Arbitration under Nevada State Law. This Agreement, accepted upon registering for the YummyVibe service, contains the entire agreement between you and YummyVibe regarding the use of the Service. This Agreement may only be amended upon notice by YummyVibe to you, or by a writing signed by you and an authorized official of YummyVibe. Unless otherwise explicitly stated, the Terms will survive termination of your account to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.