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Terms of Service

Last updated: June 11, 2025

1. Eligibility

The Open Vibes Service is exclusively available to individuals who are eighteen (18) years of age or older. By accessing or using our Service, you represent, warrant, and covenant that you meet this minimum age requirement. We do not permit registration or use by individuals under eighteen (18) years of age under any circumstances.

2. Account Use

You are solely responsible for maintaining the security and confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate and current
  • Maintain the confidentiality of your login credentials
  • Immediately notify us of any unauthorized use of your account
  • Accept full responsibility for all activities conducted through your account

You may not create multiple accounts, share your account with others, or transfer your account to another person without our express written consent.

3. User Content

You retain full ownership and all intellectual property rights in and to the content you create, upload, or share through our Service ("User Content"). By uploading User Content, you grant Open Vibes LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Service.

You are solely responsible for ensuring that your User Content:

  • Complies with all applicable laws and regulations
  • Does not infringe upon the rights of third parties
  • Does not contain malicious code or harmful content
  • Adheres to our Community Guidelines

4. Community Guidelines and Adult Content

To maintain a safe and respectful environment, the following content and behaviors are strictly prohibited:

  • Illegal content or activities of any nature
  • Harassment, bullying, threats, or intimidation of other users
  • Explicit content shared without proper consent mechanisms
  • Hate speech, discrimination, or content promoting violence
  • Spam, fraudulent activities, or deceptive practices
  • Impersonation of individuals or entities

Adult-oriented content is permitted but must be properly categorized and protected by appropriate click-through age verification warnings and content filters to ensure compliance with applicable laws and user preferences.

5. Intellectual Property

The Service, including but not limited to its design, code, graphics, user interface, trademarks, logos, and all other intellectual property, is owned exclusively by Open Vibes LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our proprietary materials without our express written permission.

6. Termination

We reserve the right, in our sole discretion, to suspend, terminate, or restrict your access to the Service immediately and without prior notice for any reason, including but not limited to:

  • Violation of these Terms of Service
  • Breach of our Community Guidelines
  • Illegal or harmful conduct
  • Request by law enforcement or other government agencies

You may terminate your account at any time by contacting us at support@openvibes.com. Upon termination, your right to use the Service ceases immediately.

7. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN VIBES LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • SECURITY, ACCURACY, RELIABILITY, OR UNINTERRUPTED OPERATION
  • FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE

You acknowledge that you use the Service at your own risk and discretion.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPEN VIBES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

9. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New Castle County, Delaware, and you consent to the jurisdiction of such courts.

10. Modifications

We reserve the right to modify, update, or revise these Terms of Service at any time in our sole discretion. We will provide notice of material changes through prominent display on our Service or via email to your registered address. Your continued use of the Service following such notice constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you must discontinue use of the Service immediately.

11. Biometric Data Consent

If our Service includes biometric features or functionality, such features will require explicit, informed consent through a separate signed consent form in compliance with applicable biometric privacy laws, including the Illinois Biometric Information Privacy Act (BIPA).

No biometric identifiers or biometric information will be collected, stored, or processed without your express written consent. You may withdraw such consent at any time by contacting us at support@openvibes.com.

12. State Legal Rights

Depending on your state of residence, you may have additional legal rights regarding privacy, data protection, and consumer protection that are not waived by these Terms. These may include rights under:

  • California Consumer Privacy Act (CCPA)
  • Virginia Consumer Data Protection Act (VCDPA)
  • Colorado Privacy Act (CPA)
  • Connecticut Data Privacy Act (CTDPA)

For detailed information about your privacy rights, please visit our Privacy Policy.

13. Contact Information

For questions, concerns, or requests regarding these Terms of Service, please contact us:

Open Vibes LLC
Legal Department
Email: support@openvibes.com
Subject Line: "Terms of Service Inquiry"

For privacy-related inquiries, please see our Privacy Policy.

OpenVibes
Privacy Policy Terms of Service

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