Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY

Arc10 Technologies, INC (“we”, “us”, or “Arc10”) operates the FeelTheVibe mobile app (“FeelTheVibe”). By using FeelTheVibe in any way, you accept these Terms of Service (“Agreement”) and are deemed to be a party to this agreement. If you do not wish to be bound by this Agreement, do not use FeelTheVibe.

Contents

  1. Users of FeelTheVibe
  2. License to Use FeelTheVibe
  3. Privacy
  4. Registration
  5. Term and Termination; Account Deletion
  6. Disclaimers; Limitation of Liability
  7. Code of Conduct; Prohibited Activities
  8. Content Restrictions
  9. Licenses Granted by You
  10. Your Representations and Warranties
  11. Indemnification
  12. Third Party Copyrights and Other Rights
  13. General Provisions
  1. Users of FeelTheVibe

You must be at least 13 years old to use FeelTheVibe. Use is void where prohibited. By using FeelTheVibe, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use FeelTheVibe, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Users must abide by all rules, regulations, and terms of those other individual social medias integrated into FeelTheVibe. If you violate other social media regulations in any way through FeelTheVibe, your account is subject to termination.

  1. License to Use FeelTheVibe

Arc10 grants you a limited, non-exclusive license to access and use FeelTheVibe for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else and subject to being revoked by us at our sole discretion. Except as expressly permitted by Arc10  in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble FeelTheVibe. Nor will you take any measures to interfere with or damage FeelTheVibe. All rights not expressly granted by Arc10 are reserved.

  1. Privacy

Your privacy rights are set forth in our Privacy Policy: www.feelthevibe.today/mobile/privacy which forms a part of this Agreement. Please review the Privacy Policy to learn about:

    1. What information we may collect about you
    2. What we use that information for
    3. What third-party information, if any, you are agreeing to share by using FeelTheVibe; and
    4. With whom we share that information

 

  1. Registration

To use FeelTheVibe, you must register manually by recording your name, gender, age, phone number, and a picture of yourself. Please take precautions to protect your FeelTheVibe password and contact us at FeelTheVibeApp@gmail.com if you believe your account has been accessed by an unauthorized person.

  1. Term and Termination; Account Deletion

This Agreement begins on the date you first use FeelTheVibe and continues until terminated in accordance with the provisions hereof. FeelTheVibe may suspend, disable, or delete your account (or any part thereof) if Arc10 determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Arc10’s reputation or goodwill. If Arc10 deletes your account for the foregoing reasons, you may not re-register under a different phone number. Upon termination, all licenses granted by Arc10 will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Arc10 shall not be responsible for the loss of such content.

  1. Disclaimers; Limitation of Liability
    1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER FEELTHEVIBE USERS. YOU UNDERSTAND THAT FEELTHEVIBE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. FEELTHEVIBE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR SOCIAL MEDIAS OF ITS USERS. FEELTHEVIBE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. NOTWITHSTANDING THE FOREGOING, FEELTHEVIBE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
    2. IN NO EVENT SHALL ARC10 BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, NOR SHALL WE BE LIABLE FOR ANY CLAIMS FOR BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE FEELTHEVIBE SERVICE OR PERSONS YOU MEET THROUGH FEELTHEVIBE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
  1. YOU ARE RESPONSIBLE FOR IDENTIFYING ANYONE WHO MAY BE MISUSING YOUR GEOLOCATION DATA GIVEN THROUGH FEELTHEVIBE WE ARE NOT LIABLE FOR ANYONE WHO MAY FIND YOU IN PERSON AFTER SEEING YOU IN THEIR RADIUS OR IN THEIR GEOFENCE ON FEELTHEVIBE.
  2. Arc10 reserves the right to modify FeelTheVibe. You are responsible for providing your own access to FeelTheVibe. Arc10 has no obligation to screen or monitor any content and does not guarantee that any content available on FeelTheVibe complies with this Agreement or is suitable for all users.
  3. Arc10 provides FeelTheVibe on an “as is” and “as available” basis. You therefore use FeelTheVibe at your own risk. Arc10 expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Arc10 makes no representations or warranties:
      1. That FeelTheVibe will be permitted in your jurisdiction;
      2. That FeelTheVibe will be uninterrupted or error-free;
      3. Concerning any content submitted by any user;
      4. Concerning any third party’s use of content that you submit;
      5. That any content you submit will be made available on FeelTheVibe or will be stored by FeelTheVibe;
      6. That Arc10 will continue to support any particular feature of FeelTheVibe;
      7. Concerning sites and resources outside of FeelTheVibe, even if linked to from FeelTheVibe

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used FeelTheVibe, and no warranties shall apply after such period.

  1. Code of Conduct; Prohibited Activities In using FeelTheVibe, you must behave in a civil and respectful manner at all times. Further, you will not:
    • Harass or stalk any other person;
    • Harm or exploit minors;
    • Act in a deceptive manner by, among other things, impersonating any person;
    • Collect information about others;
    • You will not express or imply that any statements you make are endorsed by Arc10 without our specific prior written consent.
    • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
    • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
    • You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
    • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    • You will not post or display sexually explicit or offensive content. We retain the right to remove any sexually explicit or offensive content as well as eject any user who provided the sexually explicit or offensive content.

Arc10 has the right, but not the obligation, to monitor all conduct on and content submitted to FeelTheVibe.

  1. Content Restrictions: You are solely responsible for the content that you publish or display (hereinafter, “post”) on FeelTheVibe, or transmit to other Members. You will not post on FeelTheVibe, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually offensive, threatening, harassing, racially offensive, or ill 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 not provide inaccurate, misleading or false information via FeelTheVibe or to any other user. If information provided via FeelTheVibe or to another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You may not upload, post, or transmit (collectively, “submit”) content which:
    • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • promotes information that is false, misleading, or promotes unlawful or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
    • contains sexually explicit or offensive content;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
    • 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 images, audio or video, or links to pirated images, audio or video files;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes and;
    • infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.).

Your use of FeelTheVibe, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any street addresses, last names, or URLs.

  1. Licenses Granted by You: You grant Arc10 and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of FeelTheVibe permission to view your content for their personal, non-commercial purposes. If you make suggestions to Arc10 on improving or adding new features to FeelTheVibe, Arc10 shall have the right to use your suggestions without any compensation to you.
  2. Your Representations and Warranties: For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to FeelTheVibe and grant the licenses set forth above; (ii) FeelTheVibe will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
  3. Indemnification: You will indemnify, defend, and hold harmless Arc10 and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on FeelTheVibe; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to FeelTheVibe violates any law or infringes any third party right, including any intellectual property or privacy right.
  4. Third Party Copyrights and Other Rights Copyright Policy: Arc10 respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to FeelTheVibe do not infringe on any third party copyright. Arc10 will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, FeelTheVibe may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
  • DMCA Takedown Notice. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
      1. Your name, address, telephone number, and email address (if any).
      2. A description of the copyrighted work that you claim has been infringed.
      3. A description of where the material that you claim is infringing is located on FeelTheVibe, sufficient for Arc10 to locate the material.
      4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
      5. A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf.
      6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.  You may submit this information via:
        1. Email: FeelTheVibeApp@gmail.com
        2. Offline: Arc10 Copyright Agent (see below)
    1. DMCA Counter-notification If you believe that your material has been removed by mistake or misidentification, please provide Arc10 with a written counter-notification containing the following information:
      1. Your name, address, and telephone number.
      2. A description of the material that was removed and the location where it previously appeared.
      3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
      4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Arc10 may be found (which includes the United States District Court for the Boston District of Massachusetts), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
      5. Your electronic or physical signature.
      6. You may submit this information via:
        1. Email: FeelTheVibeApp@gmail.com
        2. Offline: Arc10’s Copyright Agent (see below)
  • Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.

 

  • Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed. In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

 

  • Arc10’s Copyright Agent: You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Arc10’s Copyright Agent:

 Arc10 Technologies, INC ,
55 Union Street Boston, MA 02108 Copyright Agent 
Email: FeelTheVibeApp@gmail.com Other Complaints: You may send non-copyright complaints to: Arc10 Technologies, INC. 55 Union Street Boston, MA 02108.
  1. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Massachusetts, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.


DISPUTES: Any action arising out of or relating to this Agreement or your use of FeelTheVibe must be commenced in the state or federal courts located in Boston, Massachusetts (and you consent to the jurisdiction of those courts). In any such action, FeelTheVibe and you irrevocably waive any right to a trial by jury.

INTERPRETATION;SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Arc10 in exercising any right hereunder will waive any further exercise of that right. Arc10’s rights and remedies hereunder are cumulative and not exclusive.


SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties hereto and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Arc10’s prior written consent. No third party shall have any rights hereunder.


NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Arc10 electronically. Arc10 may provide all such communications by email or by posting them on FeelTheVibe Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at or the following address: 55 UNION STREET. Boston, MA 02108 Nothing herein shall limit Arc10’s right to object to subpoenas, claims, or other demands.

MODIFICATION; ENTIRE AGREEMENT: 
This Agreement may not be modified except by a revised Terms of Service posted by us on FeelTheVibe or a written amendment signed by an authorized representative of Arc10. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Arc10 and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

END OF DOCUMENT.