This Website Usage Agreement and Product Order Agreement (“Agreement”) is between you (“User”) and MysteryVibe LLC. (“Company”) a company registered with our registered office at 1510 Fashion Island Blvd., Suite 300, San Mateo, CA 94404, USA. In consideration of the right to access and use the Company’s Websites, MysteryVibe.com, (“Website”), User agrees to the terms and conditions of use set forth in this Agreement. User’s continued use of the Website indicates User’s willingness to be legally bound by the terms and conditions of this Agreement as set forth below.
WARNING: Please consult with your physician before using our product. Never disregard professional medical advice or delay in seeking medical treatment. This product is not intended to diagnose, treat, or cure. Our raw materials are manufactured solely for industrial, not medical, purposes. We make no warranties, express or implied, with respect to the merchantability, fitness, or suitability of our material for use in medical applications. We make no warranties or representations that our material is manufactured in accordance with quality standards that may be necessary for materials intended for use in medical device applications. We have not sought or received any rulings from the U.S. Food and Drug Administration as to the safety or effectiveness of our product for medical purposes. We do not have expertise in the field of medical devices or other medical products. Persons using our product must solely rely on their own judgment, and such persons shall be solely responsible for the suitability of our product for any medically-related applications.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on Sep 26, 2019. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. These Terms, and any Contract between us, are only in the English language.
When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 17;
(b) Order: your order for the Products;
(c) Products: the goods that we are selling to you as set out in the Order;
(d) You/ your: the purchaser of Products; and
(e) We/Our/Us: Mysteryvibe LLC, 1510 Fashion Island Blvd., Suite 300, San Mateo, CA 94404, USA.
Covenant to Read Agreement
User acknowledges that User has read the terms and conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website.
(a) You must be eighteen or over to register as a member of Website or Company and the viewing of Website’s or Company’s content is legal in your community. Membership in the Service is void where prohibited. By using and/or viewing this site, 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 and that you are at least 18-years old – who are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and frankly erotic nature. The materials, which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old or who is offended by such materials or who does not wish to be exposed to such materials.
(b) User will have certified that the pictures submitted are of individuals 18 years of age or older and all primary producers have certified that they have complied with 28 C.F.R. 75 thereby exempting Company from the record keeping requirements of 18 U.S.C. 2257(a)—(c). Company is not the primary or secondary producer (as defined in 18 USC section 2257 or subsequent case law) of any of the visual content contained in the Website.
Company’s Control Over Website
(b) Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
(c) Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
(d) The posting of content, profiles or other information (collectively, the “User Information”) on the Website is subject to the prior approval of Company. Company has the right, in its sole discretion, to use and post User’s name in connection with any User Information submitted by User. Company reserves the right, in its sole discretion, to edit, refuse to post, or to remove any information or materials, for any reason, including, but not limited to the User Information.
(e) Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Amendments to the Agreement will take effect immediately upon being posted to the Website, and User’s continued use of the Website constitutes User’s acceptance thereof.
(f) Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.
(g) Company may also impose limits on certain features and services or restrict User’s access to parts or the entire Website without notice or liability.
Intellectual Property Rights
(a) The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. The Company’s logo, slogans, and other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
(b) All materials contained within the Website (the “Content”) are protected by copyright, and are owned or controlled by Company or the party credited as the provider thereof. User will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. User will have certified that the pictures submitted are of individuals 18 years of age or older and all primary producers have certified that they have complied with 28 C.F.R. 75 thereby exempting Company from the record keeping requirements of 18 U.S.C. 2257(a)—(c). Company is not the primary or secondary producer (as defined in 18 USC section 2257 or subsequent case law) of any of the visual content contained in the Website.
(c) User MAY NOT download and make copies of the Content on the Website for purposes other than personal, noncommercial use. Copying or storing of any Content for other than User’s personal, noncommercial use is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content’s copyright notice.
(d) By posting messages and User Information, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Website, User hereby grants to Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, prepare derivative works based on, and otherwise exploit such Communications, subject to Section 4, Privacy, in all manners and in all media now known or hereafter developed.
(e) User hereby waives all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
User represents warrants and covenants:
(a) That User shall not upload post or transmit to or distribute or otherwise publish through the Website any materials which:
(i) Restrict or inhibit any other user from using and enjoying the Website,
(ii) Are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law,
(iv) violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights,
(v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information,
(vi) Contain any information, software or other material of a commercial nature,
(vii) Contain advertising of any kind, or
(viii) Constitute or contain false or misleading indications of origin or statements.
(b) User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User may not take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure (e.g., the sending of mass e-mail or junk mail, known as “Spamming”). User may not disclose to or share User’s account number or password with any third parties or use the password for any unauthorized purposes. User shall not link to the Website in any manner that would bypass the Website’s home page. User shall not “frame” the Website or any portion thereof.
(b) User acknowledges that transmissions to and from this Website are not confidential and that User’s Communications may be read or intercepted by others.
(c) User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or other material contained in the Website or any of its links shall be at User’s own risk.
(d) User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of products/services from within it.
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel.
The easiest way to do this is to fill up the contact us form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or by post to MysteryVibe LLC, 1510 Fashion Island Blvd., Suite 300, San Mateo, CA 94404, USA. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
The packaging of the Products may vary from that shown on images on our site.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product we will inform you of this by e-mail and we will refund you the full amount including any delivery costs charged as soon as possible.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Your consumer right of return and refund
You have a legal right to cancel. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
However, this cancellation right does not apply in the case of (a) any Products which become mixed inseparably with other items after their delivery; (b) the seal on the product has been broken.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered.
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product or when the seal around the product has been broken. Due to the intimate nature of the product, we are not able to accept returns once the product seal has been broken. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following: one Product which is delivered in instalments on separate days. multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period. The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the contact us form on our website at https://mysteryvibe.com/pages/contact-us. A link to the website will be included in our Order Confirmation email. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or contact us by post to MysteryVibe LLC, 1510 Fashion Island Blvd., Suite 300, San Mateo, CA 94404, USA. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your Contract we will: (a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns policy in our FAQs page at: https://mysteryvibe.com/pages/faq for information about what handling is acceptable and examples. (b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below: (i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8; (ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
If a Product has been delivered to you before you decide to cancel your Contract: (a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or hand it to our authorised carrier. Please contact us by email at email@example.com to arrange the return. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; (b) unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this or anything else in these Terms.Delivery
We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control.
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
In the event of our shipment getting returned to us following multiple failed delivery attempts, the customer will be liable for the delivery fees in getting the shipment resent back to them. Returns happen due to many reasons such as wrong / out-of-date delivery address provided, no one present at the delivery address, etc.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time. Please ensure your destination has a secure point of delivery if you are not available to receive the goods as our couriers don't take responsibility for the product once they have dropped it off at the delivery address.
You own the Products once we have received payment in full, including all applicable delivery charges.
If we miss the 30 delivery deadline for any Products then you may cancel your Order straight away if any of the following apply: (a) we have refused to deliver the Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
If you do choose to cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.International delivery
We deliver to the countries in North America (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. Refunds will not be issued if you fail to clear customs.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Price of products and delivery charges
The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes taxes (where applicable) at the applicable current rate chargeable for the time being. However, if the rate of tax changes between the date of your order and the date of delivery, we will adjust the tax you pay, unless you have already paid for the Products in full before the change in tax takes effect.
The price of a Product within the USA includes delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to the costs during checkout.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that: (a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and (b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
How to pay
You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard, American Express.
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.Our warranty for the Products
We provide a limited warranty that on delivery and for period of 12 months from delivery, the Products shall be free from material defects.
The warranty does not apply to any defect in the Products arising from: (a) fair wear and tear; (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) if you fail to operate or use the Products in accordance with the user instructions; (d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or (e) any specification provided by you.
This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
You must notify us of any defects as soon as possible. You must forward the Products to us along with a specification of what the defect consists of. In the event that the Product is defect we will only refund reasonable cost incurred in relation to your shipment of the Products to us and only against an invoice. If it turns out that the Products are not defect you will bear the shipment cost and any cost incurred in relation to the examination of the Product.
Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms; or (d) defective products.
We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.
Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
If you have purchased a Product as a gift, you may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty, but we and you will not need their consent to cancel or make any changes to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
(a) The Website contains links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
(b) The Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
(c) Company is not an author or editor of materials posted to the Website by users, and Company is not responsible for any such materials posted thereby.
(d) Company disclaims any and all responsibility for content contained in any third party materials provided through links on the Website.
(e) Company’s sole responsibility and liability for goods and services offered through the Website, whether offered by the Company or third parties, is to refund the purchase price.
Disclaimer of Warranty
THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.
To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon Company’s request, defend, Company, its directors, officers, employees, independent contractors and agents (each a “Company Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs (collectively, “Losses”), incurred by a Company Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that you have violated or infringed any third party intellectual property or proprietary rights including but not limited to any metadata, related trademarks and logos, or images and other materials that You provide to Company under this Agreement; or (iii) Your use of the Company’s Software or services.
Dispute Resolution and Choice of Law
This Agreement shall be governed by the procedural and substantive laws of the United Kingdom, notwithstanding any otherwise applicable choice or conflict of law provisions to the contrary. In the event that the parties cannot negotiate a resolution of any dispute, then the parties agree to submit their dispute to mediation, and then to arbitration. The place of any meditation or arbitration shall be United Kingdom. The prevailing party in any arbitration shall be entitled to reasonable attorneys’ fees and expenses.
Notwithstanding the foregoing, User acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which could give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by User of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company’s rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.
This Agreement shall not be terminated by the merger or consolidation of Company into or with any other entity.
Headings. Paragraph headings, as used in this Agreement, are for convenience only and are not a part hereof, and shall not be used to interpret any provision of this Agreement.
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
This document constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
Unenforceability of Provisions
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given. Notices to Company shall be sent to MysteryVibe LLC, 1510 Fashion Island Blvd., Suite 300, San Mateo, CA 94404, USA. Any party hereto may change its address for purposes of this Paragraph by written notice given in the manner provided herein.
This Agreement may be executed shall be as valid and enforceable under the Uniform Electronic Transactions Act as well as US ESign Act of 2000 as the original signature.