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By choosing to activate your VIP (Vibary Information Provider) membership you have agreed to accept the Terms of Usage ("ToU") below. These rules and guidelines protect you and the entire VIP membership ensuring  everyone's experience with Viba Fima Inc. and its affiliates is safe, rewarding and profitable. 

The ToU below reserves our right to terminate the membership of those users, for example, using obscene language, harassing other members, or acting in a fraudulent manner. We welcome your help in maintaining the standards of the VIP membership and ask that you please contact us if you know of another member who is not abiding by the rules and guidelines below. Your acceptance of these terms means you are accepting responsibility for your own actions. 

TABLE OF CONTENTS

ACCEPTANCE OF TERMS OF USAGE 

VIP membership in the Vibary Network for Business (herein referred to as the Vibase) is provided free of charge to you by Viba Fima, Inc.("Viba Fima") under these Terms of Usage and apply to you as a registered member of the Vibase.

The Vibase incorporates the web site, any collective information making up the web site, and any electronic media representing that collective information.

Viba Fima reserves the right and discretion to supplement these Terms of Usage with additional terms pertaining to a specific Vibary Service ("Addendum"). The terms of using a Vibary Service are a combination of this ToU and the Addendum specific to that Vibary Service. You understand and agree that such Addendums are hereby incorporated by reference into these Terms of Usage.

SUBMITTING YOUR USERNAME, AS PROVIDED BY VIBA FIMA, AND YOUR PASSWORD SUBSEQUENT TO YOUR MEMBERSHIP REGISTRATION, IS INDICATION OF YOUR AGREEMENT TO BE BOUND TO THE TERMS OF USAGE AND LATER MODIFICATIONS.

Viba Fima shall not be liable to you for its breach of any of these Terms of Usage.

If you do not agree to these Terms of Usage, please do not register with the Vibase or attempt to use the Vibase and any of its affiliated sites.

VIP MEMBERSHIP INFORMATION

Registering for VIP membership requires you to provide the following public information: business category, business name, business address, business phone number, contact person name, contact person e-mail and contact person phone number. You will provide true and accurate information when registering and will maintain and update that information as applicable.

YOUR RESPONSIBILITY TO PROTECT YOUR VIP MEMBERSHIP

If you use the Vibase web site, you are responsible for maintaining the confidentiality of your membership account and password. If you use a shared computer to sign in to the Vibase, you must use the sign-off facility in order to prevent unauthorized access to your VIP membership by others that use the same computer. You agree to accept responsibility for all activities that occur under your VIP membership and will immediately notify Viba Fima of any unauthorized use of your VIP membership.

PRIVACY

Any information provided by you, or gathered by Viba Fima, related to your VIP membership shall be subject to the terms of the Vibase Privacy Policy.

MODIFICATIONS

From time to time, Viba Fima will make modifications or additions to the ToU. When this occurs, Viba Fima will notify you of the changes either during (i) your next sign-in to the Vibase or (ii) when you attempt to purchase a Vibary service. You will be asked to review, and either accept or reject, the current applicable ToU which has been changed since you last signed in. If you accept, your VIP membership will be bound to the terms of the current ToU.

If you do not agree with and do not accept the changes in the Terms of Usage as they occur, please arrange (i) to terminate your membership with Viba Fima immediately or (ii) discontinue your use of the Vibase.

Any continued use by you of the Vibase services or products or the Vibase will signify your acceptance of the change in the Terms of Usage.

PRICE CHANGES

Viba Fima reserves the right to make any price changes to its services on the Vibase without prior notification. Your current orders still have the prices when they are purchased. New orders will be under the new pricing.

Your VIP membership is currently free. Viba Fima intends to keep it free for the foreseeable future. However in case Viba Fima decides that charge you for VIP membership, you will be notified 60 days in advance.

DISCONTINUATION

Viba Fima may modify or discontinue the Vibase and related web sites with or without notice to you and without liability to you or any third party.

You will be reimbursed for any portions of the pre-payments that you have made but have not been used to purchase the services provided by the Vibase.

CONTENT

You are responsible for the content of your messages, and the consequences of any such messages. Viba Fima reserves the right to terminate your membership if it becomes aware of and determines, in its sole discretion, that you are violating any of the following guidelines:

  1. You shall not use the Vibase to publish or distribute objectionable material via the use of the Vibase. Objectionable material is any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, knowingly inaccurate, or otherwise objectionable of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Viba Fima reserves the right (but not the obligation) to delete any such material from the Vibase but does not regularly review posted content.
  2. You shall not use the Vibase to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Viba Fima, you also may not use false e-mail addresses, or otherwise mislead as to the origin of messages or other content.
  3. You shall not collect or make use of the Vibase membership base for distributing chain letters, spreading viruses, junk mailings, 'spamming' attacks, mass solicitations (commercial or non-commercial) or unauthorized bulk communications of any kind. This restriction could be partially removed if you have entered into a contract with Viba Fima to license the use of the membership list.
  4. You shall not use the Vibase to publish or distribute any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. Viba Fima will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Usage.

NO HACKING POLICY

You shall not intentionally hack into the Vibase platform to see how it is implemented or to access information that the Vibase has not displayed to you via the web site.

You shall not access information from other VIP members that are not publicly made available to you. If you un-intentionally get such information, due to a coding error in the Vibase or other causes, you have the responsibility to contact Viba Fima immediately.

AGE POLICY

Viba Fima does not encourage, solicit, nor extend Vibase VIP membership to persons  under the age of 13 years. Members between 13 and 18 years old (herein referred to as "under age"), conducting a bona fide business, may become members of the Vibase, only under the supervision, and with the permission, of an adult parent,a legal guardian, or an agent. To protect their privacy, under age VIPs do not have to identify themselves as under age in their Public Information.  

Under age VIP members entering into transactions with other members for goods or services should do so only after consultation with, and the permission of, an adult parent, a legal guardian, or an agent. Viba Fima is not liable for misstatements or misrepresentations of age or the refusal or failure of an under age VIP member to discharge a contractual obligation.

LINK TO VIBASE

You can create a hyperlink to the home page of Viba Fima without permission so long as the link does not portray Viba Fima, its affiliates, or their products or usages in a false, misleading, derogatory, or otherwise offensive matter.

LINKS TO OTHERS

The Vibase web sites may contain links to other web sites. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You acknowledge and agree that Viba Fima is not responsible or liable for (i) the availability or accuracy of such sites, or (ii) the content, advertising, or products on or available from such sites. The inclusion of any link on the Vibase web sites does not imply that Viba Fima endorses the linked site. You hereby waive any claim you might have against Viba Fima with respect to such sites.

Viba Fima may include links from the Vibase to other Viba Fima owned or affiliated sites. WHEN YOU ACCESS ANY OF THESE SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.

LICENSES GRANTED TO VIP

Viba Fima grants you a limited license to access and make commercial use of this site.

Viba Fima does not grant you the right to download (other than page caching) this site, or modify it, or any portion of it, except with the express written consent of Viba Fima. This limited license does not include: (i) any resale of this site or its contents with the exception of articles owned by you; (ii) the collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; (iii) any downloading or copying of account information for the benefit of another merchant; (iv) access to information of other users of the Vibase site, unless explicitly allowed by the Vibase site, or (v) any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited without the express written consent of Viba Fima.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Viba Fima and our affiliates without express written consent.

You may not use any meta tags or any other "hidden text" utilizing Viba Fima's name or trademarks without the express written consent of Viba Fima. Any unauthorized use terminates the permission or license granted by Viba Fima.

You acknowledge that (i) Viba Fima permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of usage and applicable copyright, trademark and other laws govern your use of such content.

You may not post to the Vibase, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. You have the burden of determining that any information, software, images or any other content transferred to the Vibase is not protected by Rights.

You represent and warrant that you either own or otherwise control all of the Rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You agree that you will indemnify Viba Fima or its affiliates for all claims resulting from Rights to content you supply.

AUTOMATIC LICENSES GRANTED TO VIBA FIMA

Viba Fima has the right but not the obligation to monitor and edit or remove any activity or content. Viba Fima takes no responsibility and assumes no liability for any content posted by you or any third party.

You acknowledge that posting or submission of material by you or your agents, grants Viba Fima and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub- licensable right (including moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Vibase retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY AREA ON THE VIBASE, YOU HEREBY EXPRESSLY PERMIT VIBA FIMA TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT OR CONTEST. SEE THE VIBASE PRIVACY POLICY FOR FURTHER DISCUSSION.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Viba Fima or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Viba Fima and protected by U.S. and international copyright laws. All software used on this site is the property of Viba Fima or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Click here for trademarks belonging to Viba Fima or its subsidiaries.

ORDER LIMITATIONS 

Viba Fima reserves the right to limit the sale of services that have a limited inventory to a single VIP member. Such services include, but are not limited to various Placement Services, such as Banner Advertisements.

THIRD PARTY USAGES

Viba Fima is not a party to any commerce transactions that may go on at or between VIP members of the Vibase and consumer users of the Vibary Network for consumers. You may enter into transactions for services or merchandise through the Vibase from other persons not affiliated with Viba Fima (third party businesses and consumers). All matters concerning the merchandise and services involved with these transactions, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between the parties involved in the transaction, of which Viba Fima is not a part.

Viba Fima makes no warranties or representations whatsoever with regard to any goods or services provided by the VIP member as the seller. You will not consider Viba Fima nor will Viba Fima be construed as a party to such transactions, regardless of whether or not Viba Fima receives some form of revenue or other remuneration in connection with the transaction, or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

DISCLAIMERS OF WARRANTY

YOU EXPRESSLY AGREE THAT USE OF THE VIBASE IS AT YOUR SOLE RISK. THE VIBASE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIBA FIMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY OF ITS SERVICES.

NO WARRANTY IS BEING MADE THAT  THE VIBASE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE VIBASE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VIBA FIMA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIBASE. VIBA FIMA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE VIBASE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VIBASE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT VIBA FIMA MAKES NO WARRANTY AGAINST THE DELETION OR FAILURE TO STORE SUBMITTED INFORMATION.

YOU UNDERSTAND AND AGREE THAT VIBA FIMA WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES.

YOU UNDERSTAND AND AGREE THAT VIBA FIMA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE VIBASE AND INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT THE MEMBERS OF THE VIBASE, WHILE SUCH MEMBERS ARE IN THE VIBASE, ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL USAGES OR ADVICE (UNLESS THOSE PROFESSIONALS SPECIFICALLY HOLD THEMSELVES OUT IN THE MANNER OF A PROFESSIONAL AND AN ONGOING, FORMAL, PROFESSIONAL RELATIONSHIP IS CREATED BETWEEN THE USER AND THE PROFESSIONAL). VIBA FIMA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE NEED. VIBA FIMA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF ANY SUCH INFORMATION.

VIBA FIMA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE VIBASE. YOUR PARTICIPATION IN THE VIBASE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIBA FIMA OR THE VIBASE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

VIBA FIMA MAKES NO WARRANTY REGARDING ANY GOODS OR USAGES PURCHASED OR OBTAINED THROUGH THE VIBASE. VIBA FIMA WILL NOT BE LIABLE FOR MESSAGES RECEIVED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE VIBASE.

PRIOR NOTICE TO VIBA FIMA OF THE POSSIBILITY OF DAMAGES DOES NOT SERVE TO INVALIDATE THIS WARRANTY DISCLAIMER NOR DOES IT INCREASE VIBA FIMA'S LIABILITY EXPOSURE.

TRANSACTON POLICY

Your Payment to Viba Fima for service rendered and any other financial transactions between you and Viba Fima  are covered by the Transaction Policy.

INDEMNIFICATION

You agree to indemnify and hold each of Viba Fima, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Vibase, the violation of these Terms of Usage by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

APPLICABLE LAW

These Terms of Usage shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions. By agreeing to VIP membership within the Vibase, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located within 50 miles of Buffalo Grove, Illinois.

OUR REMEDIES FOR BREACH OF THESE TERMS BY YOU

In the event that Viba Fima determines, at its sole discretion, that you have provided Viba Fima with false or misleading information, breached any portion of these Terms of Usage, or have otherwise demonstrated conduct inappropriate for the members of the Vibase, Viba Fima reserves the right to (i) warn you via e-mail, postal mail or fax. that you have violated these Terms of Usage; (ii) delete all content provided by you to the Vibase; (iii) discontinue your VIP membership within the Vibase and any other Viba Fima supported community; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Viba Fima deems to be appropriate.

YOUR RIGHT TO TERMINATE YOUR MEMBERSHIP

You have the right to terminate your VIP membership with Viba Fima. Please read the Membership Termination Policy.

MISCELLANEOUS

In the event that any provision of the Terms of Usage conflicts with the law under which the Terms of Usage are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Usage, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Usage will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Usage or to exercise any right under the Terms of Usage will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Viba Fima may assign its rights and obligations under these Terms of Usage and upon such assignment Viba Fima may be relieved of any further obligation hereunder.

These Terms of Usage and any Addendums constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Usage will, at the election of Viba Fima, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Usage will remain valid and enforceable.

 

 



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