A collection of our terms...
Visit our contact page to get in touch concerning any relevant terms issues.
Bear in mind that these are just guidelines - interpretations are solely up to us. These guidelines are not exhaustive and are subject to change. See our Terms of Service for more details.
Illegal Content and Conduct:
Intellectual Property Infringement:
VibeBoost.co is a publishing, rather than a file sharing platform, so we recognize that copyrighted materials are often used in fair use context. We strongly support this and urge copyright holders to take this into consideration before submitting complaints. If you're not sure, a good rule of thumb is to always ask the rights holder for permission before republishing their content.
Don't claim to be a person or organization you're not. (Parody and satire are OK though!)
Posting Private Information:
Don't share someone's personal information without their consent.
Directly Threatening Material:
Do not post direct and realistic threats of violence. That is, you cannot post a genuine call for violence - or death - against an individual person, or groups of persons. This doesn't mean that we'll remove all hyperbole or offensive language.
Terms of Service:
1) Who's Who:
Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
2) Your Account:
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account and any Service-related content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3) Minimum Age Requirements:
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
4) Responsibility of Visitors and Users:
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) imported/posted to our Services by users or anyone else ("Content") and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
- If you import/post Content, comment on the website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone's use or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, VibeBoost.co or our other Services. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-[Vibe Boost] websites.
5) Fees, Payment, and Renewal:
Fees for Paid Services:
Some of our Services are offered for a fee, such as premium subscriptions (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees (and fees associated with specific features, such as Recurring Payments). Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we'll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees - such as the potential monetization of your account's content - we may collect a percentage of the revenue your content generates. Revenue-based fees are ongoing.
To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a Vibe Boost annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Manage Purchases page.
Cancelling Automatic Renewal:
You can manage and cancel your Paid Services at the respective Service's site. To cancel a Vibe Boost plan, go to your Manage Purchases page, click on the plan you wish to cancel, then follow the instructions to "cancel the subscription". You must repeat this process for each subscription you wish to cancel.
We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
6) General Representation and Warranty:
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Vibe Boost's systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.
7) Specific Service Terms:
VibeBoost.co enables you to create personalized digital portfolios, and we would love for you to use it. A VibeBoost.co account also allows you to sign into some of our Services. VibeBoost.co's basic service is free, and we offer paid plans for advanced usage such as a premium subscriptions which remove certain base limitations. Our service is designed to give you as much control and ownership over what goes on your account as possible and encourage you to express yourself freely. You own all content you post to your account. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your account. If you find a VibeBoost.co account that you believe violates these Terms, please visit our contact page to report your concerns.
Your VibeBoost.co Account:
If you create an account on VibeBoost.co, you must not engage in "username squatting", claim an unreasonable number of accounts (as determined by us), or sell access to any accounts.
By submitting Content to Vibe Boost for inclusion on your account, you grant Vibe Boost a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your account. This license also allows Vibe Boost to make any publicly-posted Content available to third parties selected by Vibe Boost so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other VibeBoost.co users permission to share your Content and add their own Content to it (aka to "repost" your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your account (the reposting function on VibeBoost.co does this automatically).
If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private account, from view by the authorized visitors) on VibeBoost.co, but you acknowledge that caching or references to the Content may not be made immediately unavailable due to preservational safeguards.
By using VibeBoost.co, you represent and warrant that your Content and conduct do not violate the User Guidelines.
We reserve the right to display advertisements on your account and its related content unless you have purchased a plan that includes the removal of ads.
We reserve the right to display attribution text or links in your account footer or toolbar, attributing VibeBoost.co. Some of these attributions may not be altered or removed.
8) Copyright Infringement and DMCA Policy:
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Vibe Boost product or service violates your copyright, please notify us in accordance with Vibe Boost's Digital Millennium Copyright Act ("DMCA") Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Vibe Boost or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
9) Intellectual Property:
The Agreement does not transfer from Vibe Boost to you any Vibe Boost or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Vibe Boost. Vibe Boost, VibeBoost.co, the VibeBoost.co logo, and all other trademarks, service marks, graphics, and logos used in connection with VibeBoost.co or our Services, are trademarks or registered trademarks of Vibe Boost or Vibe Boost's licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Vibe Boost or third party trademarks.
10) Third Party Services:
In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, or applications developed by a third party or yourself ("Third Party Services") on your account. If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Vibe Boost.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party ("Third Party") and will be governed by the Third Party's terms and policies. It is your responsibility to review the Third Party's terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your account, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Vibe Boost, or by the posting by Vibe Boost of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or account's URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Vibe Boost policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid. If you wish to terminate the Agreement or your VibeBoost.co account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13) Disclaimer of Warranties:
Our Services are provided "as is". Vibe Boost and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Vibe Boost, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
14) Limitation of Liability:
In no event will Vibe Boost, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Vibe Boost under the Agreement during the twelve (12) month period prior to the cause of action. Vibe Boost shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Vibe Boost, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user's account.
16) US Economic Sanctions:
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between Vibe Boost and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Vibe Boost may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Your privacy is critically important to us. At Vibe Boost, we have a few fundamental principles:
- We place the preservation of substantial Content in high regard, not the preservation of user-specific data.
- We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
- We store personal information for only as long as we have a reason to keep it.
- We aim to make it as simple as possible for you to control what information on your account is shared publicly (or kept private), indexed by search engines, and permanently removable.
- We help protect you from overreaching government demands for your personal information.
- We aim for full transparency on how we gather, use, and share your personal information.
Information We Collect:
We only collect information about you if we have a reason to do so - for example, to provide our Services, to communicate with you, or to make our Services better. We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let's go over the information that we collect.
Information You Provide to Us:
It's probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:
- Basic Account Information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for a VibeBoost.co account to provide an email address along with a username and password, depending on the service - and that's it. You may provide us with more information - like your birthday and other information you want to share - but we don't require that information to create a VibeBoost.co account.
- Public Profile Information: If you have an account with us, we collect the information that you provide for your public profile. For example, if you have a VibeBoost.co account, your username is part of that public profile, along with any other information you put into your public profile, such as a photo or an "About Me" description. Your public profile information is just that - public - so please keep that in mind when deciding what information you would like to include.
- Transaction and Billing Information: If you buy something from us - a subscription to a VibeBoost.co plan for example - or pay fees to an account owner (for example via Recurring Payments or Simple Payments), you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
- Content Information: Depending on the Services you use, you may also provide us with information about you in drafted and published content. For example, if you post a comment that includes biographic information about you, we will have that information, and so will anyone with access to the Internet if you choose to publish the post publicly. This might be obvious to you, but it's not to everyone!
- Communications with Us: You may also provide us information when you respond to surveys, communicate with our engineers about a support question, post a question about your account in our public forums, or subscribe to receive newsletters. When you communicate with us via form, email, phone, VibeBoost.co comment, or otherwise, we store a copy of our communications (including any call recordings as permitted by applicable law).
Information We Collect Automatically:
We also collect some information automatically:
- Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services - for example, when you create or make changes to your account on VibeBoost.co.
- Usage Information: We collect information about your usage of our Services. For example, we collect information about the actions that users perform using our VibeBoost.co services - in other words, who did what, when, and to what thing on any given piece of content (e.g., [VibeBoost.co username] deleted "[title of post]" at [time/date]). We also collect information about what happens when you use our Services (e.g., page views, user/video searches, features enabled for your account, interactions with our navigation, and other parts of our Services) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
- Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our mobile apps (when, for example, you post a photograph with location information) if you allow us to do so through your mobile device operating system's permissions.
- Stored Information: We may access information stored on your mobile device via our mobile apps. We access this stored information through your device operating system’s permissions. For example, if you give us permission to access the photographs on your mobile device's camera roll, our Services may access the photos stored on your device when you upload a photograph for use as your avatar.
- Interactions with Other Users' Accounts: We collect some information about your interactions with other users' Content while you are logged in to your account with us, such as your "Likes" and the fact that you commented on a particular post, so that we can, for example, recommend posts we think may interest you. As another example, for high-activity users, we collect information about the interactions you make while logged in to your account, and use that information to, for example, tally up statistics about your interactions and provide the information about your interactions on your public profile.
Information We Collect from Other Sources:
We may also get information about you from other sources. For example, if you create or log into your VibeBoost.co account through another service (like Google) or if you connect your account to a social media service (like Twitter), we will receive information from that service (such as your username, basic profile information, and friends list) via the authorization procedures used by that service. The information we receive depends on which services you authorize and any options that are available. We may also get information, such as a mailing address, from third party services about individuals who are not yet our users, which we may use, for example, for marketing and advertising purposes like postcards and other mailers advertising our services.
How and Why We Use Information:
Purposes for Using Information:
We use information about you as mentioned above and for the purposes listed below:
- To provide our Services - for example, to set up and maintain your account, host your content, backup and restore your content, charge you for any of our paid Services, or provide essays and stories for your reading pleasure through our blogs;
- To further develop and improve our Services - for example by adding new features that we think our users will enjoy or will help them to create and manage their websites more efficiently;
- To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
- To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition - for example, we may analyze how many individuals purchased a paid plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
- To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Vibe Boost and others, which may result in us declining a transaction or the use of our Services;
- To communicate with you, for example through an email, about offers and promotions offered by Vibe Boost and others we think will be of interest to you, solicit your feedback, or keep you up to date on Vibe Boost and our products (which you can unsubscribe from at any time); and
- To personalize your experience using our Services, provide content recommendations (for example, through our related video section), target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time), and serve relevant advertisements.
Legal Bases for Collecting and Using Information
How We Share Information:
We do not sell our users' private personal information. We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
- Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you or your account. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, payment providers you use for your ecommerce operations, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers), and companies that make products available on our websites (such as the extensions), who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them.
- Legal and Regulatory Requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request. For more information on how we respond to requests for information about VibeBoost.co users, please see our Legal Guidelines.
- To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Vibe Boost, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
- With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as the social media services that you connect to your account.
- Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services and we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
- Account Owners: If you have a VibeBoost.co account and interact with any Content, your information may be shared with the owners of the Content. For example, if you make a payment (such as via Recurring Payments) to an account, your public username and email address may be shared with the owner of the acccount.
- Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
Information Shared Publicly:
Information that you choose to make public is - you guessed it - disclosed publicly. That means, of course, that information like your public profile, posts, and your "Likes", "Favorites", and "Comments" on any Content, are all available to others - and we hope you get a lot of views for it! For example, the photo that you upload to your public profile, or a default image if you haven't uploaded one, is your Globally Recognized Avatar (or "Gravatar"). Your Gravatar, along with other public profile information, will display with the interactions you conduct on other users' accounts while logged in to your VibeBoost.co account. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.
How Long We Keep Information:
We generally discard information about you when we no longer need the information for the purposes for which we collect and use it - which are described in the section above on How and Why We Use Information - and we are not legally required to continue to keep it. For example, we keep the web server logs that record information about a visitor to VibeBoost.co, such as the visitor's IP address, browser type, and operating system, for approximately 30 days. We retain the logs for this period of time in order to, among other things, analyze traffic to VibeBoost.co and investigate issues if something goes wrong on one of our servers. As another example, when you delete a post from your VibeBoost.co account, it stays in your Trash folder for 180 days just in case you change your mind and would like restore that content - because starting again from scratch is no fun, at all. After the 180 days are up, the removed content may remain on our backups and caches until purged.
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks. To enhance the security of your account, we encourage you to adhere to strong password policy.
You have several choices available when it comes to information about you:
- Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services - for example, paid, premium themes - may not be accessible.
- Limit Access to Information on Your Mobile Device: Your mobile device operating system should provide you with the ability to discontinue our ability to collect stored information or location information via our mobile apps. If you do so, you may not be able to use certain features (like adding a location to a photograph, for example).
- Opt-Out of Marketing Communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
- Set Your Browser to Reject Cookies: You can choose to set your browser to remove or reject browser cookies before using VibeBoost.co, with the drawback that certain features of VibeBoost.co may not function properly without the aid of cookies (for example, logging in to your account). As such, this is not recommended for users who want to utilize VibeBoost.co to its full extent.
- Empty Your Account: While we'd be very sad to see you go, if you no longer want to use our Services, you can "empty" your account, by removing all of your "Likes", "Favorites", "Comments", and related account Content. Please keep in mind that we may continue to retain your information after emptying your account, as described in How Long We Keep Information above - for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the "GDPR"), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
- Request access to your personal data;
- Request correction or deletion of your personal data;
- Object to our use and processing of your personal data;
- Request that we limit our use and processing of your personal data; and
- Request portability of your personal data.
You can usually access, correct, or remove your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, please visit our designated contact page. EU individuals also have the right to make a complaint to a government supervisory authority.
Other Things You Should Know:
Ads and Analytics Services Provided by Others:
Third Party Software and Services:
Visitors to Our Users' Accounts:
We also process information about visitors to our users' accounts, on behalf of our users and in accordance with our user agreements.
An Introduction to Cookies:
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to "remember" you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie"). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as "first party cookies"), or by third parties, such as those who serve content or provide advertising or analytics services on the website ("third party cookies"). Both websites and HTML emails may also contain other tracking technologies such as "web beacons" or "pixels". These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Cookies come in a variety of categories such as Strictly Necessary, Functionality, Security, Analytics and Performance, Advertising, Third Party/Embedded Content, and so on. As such, visitors may wish to restrict the use of certain cookies or completely prevent them from being set. Most browsers provide for ways to control cookie behavior such as the length of time they are stored - either through built-in functionality or by utilizing third party plugins. If you disable cookies, please be aware that some of the features of our service may not function correctly. To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on your choices regarding use of your web browsing activity for interest-based advertising visit youronlinechoices.eu (EU based) or optout.aboutads.info (US based). On a mobile device, you may also be to adjust your settings to limit ad tracking. You can opt out of Google Analytics by installing Google's opt-out browser add-on.
Our Internal Analytics Tool:
Consent for Advertising Cookies:
You may see a "cookie banner" on our website and dashboards. If you are visiting VibeBoost.co from the EU, then we do not set, or allow our ad partners to set, cookies that are used to show you targeted ads before you click to accept. When you consent in this manner, we and our advertising partners may set advertising cookies on the page you are visiting and on other of our pages, dashboards, and services. We'll display the banner to you periodically, just in case you change your mind.
Advertisements from Third Parties Through Vibe Boost's Ads Program:
DMCA Takedown Notice:
If you believe that material available on VibeBoost.co infringes on your copyright(s), please notify us by submitting a DMCA notice. After we receive a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email. Please keep in mind that we are unable to process DMCA notices that refer to Content hosted on third party servers.VibeBoost.co is a publishing platform where creators often use copyrighted materials in artistic commentary, or transform the materials into something original. As such, before submitting a DMCA notice, it's important to consider if the manner in which the material is used falls under fair use. If you are not sure whether material located on a VibeBoost.co infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity infringes your copyright. We have and will highlight such abuses and seek to collect those damages. In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.
Please follow these steps to file a notice:
- 1) Verify that the Content in question is hosted by Vibe Boost. We have no control over Content otherwise. Please contact the appropriate web host with your complaints.
- 2) Contact the Content owner directly. Go to the Content in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the account in question.
- 3) Send your complaint to our designated agent via the form below, if the issue cannot be resolved directly with the Content owner.
As required by the DMCA, we have a policy to terminate users that we consider to be repeat infringers. Although we won't share the specifics of our repeat infringer policy (we don't want anyone to game the system, after all), we believe that it strikes the right balance: it protects the rights of copyright owners and protects legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user.
You must include the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyrighted work claimed to have been infringed;
- A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Vibe Boost to find and positively identify that material. For example, we require a link to the specific Content post (not just the name of the post) that contains the material and a description of which specific portion of the post - an image, a link, the text, etc. your complaint refers to;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please forward your notice to our Designated Copyright Agent at email@example.com.
DMCA Counter Notice:
If you have received a Digital Millenium Copyright Act (DMCA) Infringement Notice and believe it was submitted in error, you may submit a counter notice. Counter notices must be submitted by the VibeBoost.co user who uploaded the material or an agent authorized to act on their behalf.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Thus, if you are not sure that the material was removed or disabled as a result of mistake or misidentification, you should first consider seeking legal advice.
You must include the following:
- Your name, address, phone number, and physical or electronic signature;
- Identification of the allegedly infringing content and its location before removal or disabling of access;
- A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification; and
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., for any judicial district in which Vibe Boost may be found), and that you will accept service of process from the person who originally provided us with the Infringement Notice (the "Copyright Holder") or an agent of such person.
Please forward your notice to our Designated Copyright Agent at firstname.lastname@example.org.
Requesting Private Information of VibeBoost.co Users:
Our users place their trust in us to keep them safe, and, in some cases, anonymous. We view safeguarding that trust and protecting our users' private information as vital to what we do. Vibe Boost receives requests for information about VibeBoost.co visitors, users, and Content from government agencies, law enforcement, private parties, and individuals or corporations involved in civil lawsuits. Before revealing any non-public information about a visitor, an user, or Content, we require a valid subpoena, search warrant, or court order. The only exception is when we have a good faith belief that there is an emergency involving imminent danger of death or serious physical injury. If your inquiry or request brings to our attention a violation of our policies or Terms of Service, we will address it per our usual procedure. This may or may not include contacting the user, removing content, or suspending the site entirely.
United States Legal Process:
We require any subpoena, search warrant, court order, or judgment to be issued by a US authority in compliance with the United States Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure, and/or our respective state law. We respond to court judgments from the United States only, or foreign judgments specifically adopted by a United States or respective state court. Throughout these Legal Guidelines, wherever we talk about a subpoena, search warrant, court order, or judgment, this is what we are referring to. Law enforcement agencies from outside the US may obtain these types of orders through the Mutual Legal Assistance Treaty (MLAT) process outlined in 28 U.S.C. § 1782 and 18 U.S.C. § 3512. See more about our process for non-US law enforcement requests below.
Information We Have:
VibeBoost.co has certain information relating to users and their Content. VibeBoost.co accounts contain various information that is provided at a user's discretion and is unverified. The following is a summary of the information that we may collect and store.
1) Basic account information, such as:
- Display name
- Email address
- Phone number
2) Transaction and/or billing information (if upgrades have been purchased).
We will generally retain transaction and/or billing information until changed or removed by the user (if it's possible to do so). We also collect log data, which may include a user's IP address, browser type, and operating system. We keep this information for up to 30 days as a matter of course, absent a valid preservation request. You can read more about how we handle preservation requests under "Preservation Requests for VibeBoost.co Accounts" below.
3) Account creation, posting, and revision history information, such as:
- The date and time (UTC) at which an account was created
- The IP address from which an account was created
- IP address and user agent for a post or revision
We may retain the above information, even if an account or post is removed. Removed posts remain in a user's trash folder for 180 days, after which point our servers may retain a backup for an additional 180 days.
Requests from Government Agencies/Law Enforcement:
We do not voluntarily provide governments with access to data about users for any reason, including for the purposes of law enforcement, intelligence gathering, or other surveillance. As noted above, we only provide information to third parties after receiving a valid subpoena, search warrant, or court order, in each case issued by a US authority in compliance with the United States Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure, and/or our respective state law. The only exception is for emergency requests by law enforcement where we have a good faith belief that the information is necessary to prevent imminent danger of death or serious physical injury. In response to a valid subpoena issued by a US authority, we can provide the following information, when it is available:
- First and last names
- Phone number
- Email address currently assigned to an account
- Date/time stamped IP address from which an account or Content was created
- Physical address provided by the user
- PayPal transaction information
We require a specific court order or search warrant before providing additional IP address data or information relating to a specific post or a specific comment.
Emergency Requests from Government Agencies/Law Enforcement:
As permitted by US law, we may disclose user information to government or law enforcement agencies - without a subpoena, search warrant, or court order - if we have a good faith belief that an emergency involving imminent danger of death or serious physical injury requires disclosure of information related to the emergency without delay.
Requests in Civil Cases:
In a civil matter, it is our policy to turn over private user information only upon receipt of either (1) a valid order from a court in the US; or (2) a subpoena served from a court in the US as part of an existing lawsuit, which complies with Rule 45 of the Federal Rules of Civil Procedure. Litigants should ensure that any such requests comply with the US SPEECH Act, 28 U.S.C. 4101 et seq. We will not provide any user content information in response to civil orders or subpoenas under the Electronic Communications Privacy Act (18 U.S.C.§ 2510_et seq._ and § 2701 et seq.). Requests must identify the specific information sought. Any request for specific post or comment information must include the specific URL of each post or comment. Please note that we charge an administrative fee of USD $125/hour for compliance with validly issued and served civil subpoenas and court orders. We will bill for and collect this fee prior to furnishing information in response.
Notification to WordPress.com Users and Transparency:
We aim for total transparency with our users when legal requests for information or complaints affect their accounts, Content, or information. It is our policy to notify users and provide them with a copy of any legal requests regarding their account or Content, unless we are prohibited from doing so by a court order issued in the US. When the prohibition from notifying users expires, we will notify users and provide them with a copy of the legal process at that time. If a request for information is validly issued, as described above in these Legal Guidelines, we will preserve the necessary information before informing the user of the request. In most cases, upon notification to the user of the request for information, that user will be provided with either 7 days or the amount of time before the information is due, whichever is later, during which time the user may attempt to quash or legally challenge the request. If, prior to the deadline, we receive notice from the user that he or she intends to challenge a request for information, we will not deliver any information until that process concludes. We also review the information requests received and may lodge our own challenge to the scope or validity of legal process received, on behalf of a user, whether or not the user pursues his/her own legal challenge.
Preservation Requests for VibeBoost.co Accounts by Government and Law Enforcement Agencies:
It is our policy to notify users and provide them with a copy of any legal requests regarding their account or Content, unless we are prohibited from doing so by a valid court order issued in the US, as described in the sections below. Our policy of notifying users about requests to preserve their information is meant to protect user privacy and promote transparency, while also avoiding interference with legitimate investigations of criminal activity. Preservation requests may only be submitted by government and law enforcement agencies conducting a criminal investigation in which the information sought is relevant. We will preserve records for 90 days in response to a valid request, which the government or law enforcement agency can extend upon request. Preservation Requests from US Governmental and Law Enforcement Agencies When a government or law enforcement agency from within the US asks that a request to preserve data remain confidential from the affected user, we keep it confidential for 45 days, with the expectation that the agency will be serving a valid US subpoena or search warrant that includes the required certification (18 U.S.C. § 2705(b)) or court-issued nondisclosure order. If a nondisclosure order is provided along with a subpoena or search warrant, we will continue to keep the preservation request(s) confidential under the same conditions as the nondisclosure order for the subsequent subpoena/search warrant. If, after 45 days, law enforcement has not served a subpoena or search warrant with the required 18 U.S.C. § 2705(b)) court-issued nondisclosure order, and has not withdrawn the request for continued preservation, we will then inform the user of the preservation request. In light of the October 19, 2017, Department of Justice guidance on nondisclosure orders, we ask that the agency include a specific end date for the nondisclosure period in any proposed order to the court, and that any period or extensions of time last no longer than a combined total of one year. Preservation Requests from Non-US Law Enforcement Agencies Law enforcement agencies from outside the US may request that we preserve information while the agency obtains a valid subpoena, search warrant, or court order from a court in the US, through the Mutual Legal Assistance Treaty (MLAT) process. The MLAT is a mechanism by which a foreign law enforcement agency can obtain a US court order for information pursuant to a criminal investigation, as outlined in 28 U.S.C. § 1782 and 18 U.S.C. § 3512. While we may preserve information in response to requests from non-US law enforcement agencies pending the MLAT process, we will not turn over any actual user or account information until we receive a United States subpoena, search warrant, or court order. If, after 90 days from the date of requesting preservation, the non-US law enforcement agency has not provided documentation to us confirming that it has initiated the MLAT process, we will stop preserving the data. If the non-US law enforcement agency requests that we keep the preservation request confidential from the affected user, we may do so at our discretion. We will only consider such requests if the agency's request meets our criteria for authenticity, necessity, and timeliness, and only for the period of time necessary for the agency to obtain a court-issued nondisclosure order through the MLAT process described above.
If a legal request is formally withdrawn before we provide user information in response to a valid subpoena, search warrant, or court order, we will not notify the user if requested to keep the withdrawn legal process confidential.
Wrongdoing Against Vibe Boost:
If we receive information indicating that someone is using VibeBoost.co or any of our services to engage in crime against Vibe Boost or its subsidiaries, where we are the victim, we will not inspect a user's non-public content ourselves. Instead, we may report the matter to the appropriate authorities.
Serving Process on VibeBoost.co and Making Inquiries:
Any request for user information must include a valid email address for us to return the information or contact with questions. We are unable to process overly broad or vague requests for information. To request information for a site hosted on VibeBoost.co, the request must specifically include identifying information such as the relevant URL, IP address, email address, or username at issue. To obtain information for a specific post or comment, the URL of that post or comment must be included in the request. VibeBoost.co communicates only via email. Where permitted, we accept service via email to email@example.com.
Requests for Takedown of Content:
VibeBoost.co strongly believes in freedom of speech. We have a vast audience spread across many cultures, countries, and backgrounds with varying values, and our service is designed to let users freely express themselves. When we receive a request to takedown content, we review those complaints very carefully.
Reporting Terms of Service Violations:
If you believe that an account is violating our Terms of Service, please refer to the information on this page to submit a report, and we will take action as appropriate. Regardless of whether or not we take action, we may forward a copy of the complaint to the account owner. We do not remove Content based on disputes over the Content on an account or in a comment, unless the information sought to be removed is subject to an order issued by a court in the United States. We are not in a position to determine if something posted on a VibeBoost.co page is defamatory or not. If we receive such a complaint, we defer to the judgment of a court in the United States.
Liablity for Content Hosted on VibeBoost.co:
VibeBoost.co, as a United States-based internet service provider, is protected by the safe harbor provisions of §230(c) of the United States Communications Decency Act, which states that internet service providers cannot be held liable for the contents (including allegedly harassing, defamatory, inaccurate, or offensive content) posted to our service by our users. VibeBoost.co does not and will not exercise editorial oversight over the Content hosted on our service. Nor are we considered the author, editor, or publisher of that content in any way.
Requests for Takedown of Copyrighted Content:
VibeBoost.co complies with properly formatted notices sent in accordance with the Digital Millennium Copyright Act. More information about our process can be found in the respective takedown/counter sections of our DMCA Terms.
Enforcing Protection Orders Against VibeBoost.co Users:
VibeBoost.co is not responsible for enforcing protection orders that apply to users on our service. If you have an active protection order that may apply to a VibeBoost.co user, or if you represent a client who does, please contact the appropriate court or law enforcement agency for assistance.
User Information Management:
Users who wish to stop using VibeBoost.co can empty their accounts by removing all of their "Likes", "Favorites", "Comments", and related account Content. Users who are concerned about maintaining their anonymity when using our services may want to consider logging in and interacting with VibeBoost.co through a VPN.
A Note on Back Doors and Encryption:
We furnish user information to third parties via the processes described in these Legal Guidelines. We do not provide access to user data through "back doors" in our systems. Similarly, we support and promote encryption of user data. We encrypt all traffic (serve over SSL) for all VibeBoost.co Content, by default. Some governments have recently sought to weaken encryption in the name of law enforcement. We disagree with these suggestions and do not believe that it is feasible to include any deliberate security weaknesses or other back doors in encryption technologies, even if "only" for the benefit of law enforcement.